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JonD3 (Florida)
Posts: 1
Posted:
We are small community located in Orlando, Florida and had recently dropped our management company because they were charging too much and not doing enough for the money we were paying. When we did have them, there were numerous liens placed against residents for not paying the dues, and recently wwe received a notice of Lis Pendens for one of the properties we placed a lien on. The Summons states that we have 20 days to respond to the plaintiffs (Bank of America), which they state we have a lien on record but we are inferior to the mortgage note. I understand that the bank will probably have legal right to any monies first, but what are they asking to respond to? We did have one other foreclosure in the neighborhood that had a lien in place at the time, and the same attorney that filed that one is also on this one, but I do not think our attorney did anything, because I can't find any paperwork, except for after the final judgment was entered, a title company requested the payoff amount and we were paid. So is this just a formality, and we just wait till the foreclosure is complete and we eventually get the back dues or is there more paperwork involved to the courts?
AnneH2 (Florida)
Posts: 82
Posted:
An attorney should provide an answer to the notice. We pay $175. Maybe call around and see if you can have it done for less.
PeterB1 (Florida)
Posts: 257
Posted:
The "answer" is a legal document prepared by an attorney. Should you fail to file an "answer" you will probably lose your claim - even though you had previously filed a lien.

This document assures you monies after the primary (mortgage-holder) is paid off. You really need to do this or you wasted the time and money filing the claim.

I am not offering legal assistance - I am only speaking from experience!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Jon,

I'm not an attorney either, however, I do believe Peter has given correct info. All I want to add is that a Lis Pendens means the property is being foreclosed by the bank. As Peter says, if you do not respond to the summons w/i the time stipulated you will lose any rights you may have against collecting the lien the assn has on the proprty. Even if you do respond the assn may not collect anything; however, if you don't respond it's a given! Nothing ventured, nothing gained, right?

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