[CLC-Discussion] question re: Lis Pendens and Lien

[Timothy Moorhead]

More facts might lead you to Unjust Enrichment, Quantum Meruit or an Equitable Lien.

Timothy R. Moorhead, Esq.
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead at wfmblaw.com
www.wfmblaw.com

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________________________________
From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Andrea Fair
Sent: Tuesday, February 05, 2013 3:53 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] question re: Lis Pendens and Lien

I represent a contractor on a residential project.  The owner hired him while she was in mortgage foreclosure but my client did not know that.  The chronology of events is as follows:

4/13/11 --- Lis Pendens for mortgage foreclosure
5/10/12 --- Notice of Commencement for my client’s project
6/20/12 --- Certificate of Title transferring title from owner to lender
9/14/12 --- my client’s Claim of Lien

I’ve read FS Section 48.23 where it states, in part, as follows:

(1)(d) Except for the interest of persons in possession or easements of use, the recording of such notice of lis pendens, provided that during the pendency of the proceeding it has not expired pursuant to subsection (2) or been withdrawn or discharged, constitutes a bar to the enforcement against the property described in the notice of all interests and liens, including, but not limited to, federal tax liens and levies, unrecorded at the time of recording the notice unless the holder of any such unrecorded interest or lien intervenes in such proceedings within 30 days after the recording of the notice. If the holder of any such unrecorded interest or lien does not intervene in the proceedings and if such proceedings are prosecuted to a judicial sale of the property described in the notice, the property shall be forever discharged from all such unrecorded interests and liens . . .

Of course, my client had no knowledge of the mortgage foreclosure or the LP so he never intervened.  The attorney for the lender (new owner) has demanded that my client release the lien.

Any thoughts or ideas on recourse?  Thank you in advance for your input.

Andrea


Andrea M. Fair-Purcell
Board Certified Construction Attorney
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
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13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

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