Legal Question in Real Estate Law in Florida

Re: lien on real estate property

The short answer is yes. However, you would need to establish that you are likely to prevail in the case. This would have to be through one or more affidavits (signed statements under oath) that persuade the court of the merits of your claim. The defendant, of course, will submit his/her own affidavit(s). On this type of claim, you need to show the court that you can prove that the defendant had control of funds or property and or acquired funds or property through fraud or undue influence or a breach of trust. I don't know what you have for evidence at this point, but in this kind of claim you are best served if you can establish the likelihood of success through documentary evidence.

In any event, you will absolutely need to engage an attorney to prepare affidavits and to make any motion conform to the rules of procedure and applicable law. To read about topics that may pertain to your situation, go to theneedhamblog.typepad.com/estatedisputes

Re: lien on real estate property

The short answer is yes, if you can show a likelihood of success or if it is an issue of ownership you can get a lis pendens on a lesser showing.

More information is required to determine the likelihood of success.

Re: lien on real estate property

If the property is part of the trust.