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    linda0125's Avatar
    linda0125 Posts: 1, Reputation: 1
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    #1

    Mar 28, 2008, 11:13 PM
    Lien On A Florida Foreclosure
    Hi,
    I have a question concerning $12,000.00 I lent to a friend on 10/07 who owns 2 properties in Sarasota Fl. I know one house is already in foreclosure. The other has not been foreclosed yet. Can I put a lien and or judgement on this property? I have a signed contract from the owner of property stating he owes the money.
    Thank you for your time,
    Linda
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Mar 29, 2008, 04:40 AM
    Hello linda:

    You can't put a lien on property without a judgment, so you'll have to sue him first. You can put a lis pendens lien on it, meaning that the there is a lien contemplated.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 29, 2008, 08:28 AM
    Fist if he has property going into foreclsoure, odds are a lien on another property will not do you any good, when they are sold, the first lien holder gets paid first, then a 2nd next, seldom is there enough money to even pay the first lien holder, I don't know if I have ever heard of a 2nd len holder ever actually getting any money.
    But if you do, it will protect you in bankruptcy court, since a secure lender is treated differently.

    But as noted you have to sue for a judgement first, then you can see about liens, or garnishment of wages and so on
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