Legal Question in Real Estate Law in Florida
I recently recieved a Summons. Along with the Summons was a Notice of Lis Pendens that stated that a suit was instituted. The Plaintiff is attempting to foreclose on my home for a Construction Lien. Up until a few days ago I had no idea there was a lien on my home.
Last year I had a new roof put in on my home and paid the balance in full including an additional bill for materials. It turns out that the roofing company did not pay the supplier for the materials. After the job was completed I received a Waiver of Lien for Labor and Materials from the roofing company and a letter signed and endorsed by the owner of the roofing company stating that I had paid in full all amount, including the additional bill for wood, labor, and materials as was stated on the agreement between the roofing company and me.
When I received the Summons I contacted the roofing company. They attempted to make the payment of the balance due with the supplier, but the supplier will not take the payment because interest has accrued and there are attorney's fees due now.
The attorney called me today in a conference call with the roofing company. The roofing company agreed to pay the attorney's fees and interest in two weekly payments, however the attorney wants me to sign a Stipulation for Payment with Forclosure Judgement Upon Default. It mentions nothing about the roofing company paying the difference. Instead it only includes me in the payment aggrement stating that if the payment is more than 5 days late the Plaintiff may "move ex-parte without notice and without hearing for a Final Judment of Foreclosure against the real property owned by the Defendants"
I'm no attorney, nor do I know about law regarding foreclosures or real estate, but this doesn't sound like what we talked about on the phone. It mentions nothing about the roofing company making the payments. Like I indicated earlier I paid them in full.
Why are they after me? I have fullfilled my part of the aggrement. If I have a Waiver of Lien for Materials and Labor, can the supplier still come after my property? Should I sign this agreement or is it time for me to get a lawyer involved?
2 Answers from Attorneys
Unfortunately, it sounds like you need to get an attorney to assist you in this. The supplier is trying to strong arm you into guaranteeing the payments.
Do not sign anything. Retain your own attorney. Sounds like you have a valid defense.
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