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    dummy3's Avatar
    dummy3 Posts: 1, Reputation: 1
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    #1

    Mar 30, 2008, 04:06 PM
    Right to a speedy lis pendence resolution?
    Lis Pennents, Les Penence, Lis Penints----ALL I know is they have SOMETHING attached to our property-----it's the only way they could figure out how to try and get their downpayment back OR a way to tie it up until we lost it or whatever their plan may have been. It surely isn't true that we are guilty of fraud although THEIR LLC manager was (which is why they tried pulling us into it--in cahoots with their manager-BAH!) This is a VERY long story... but in a nutshell, we are elderly and stupid and didn't get a lawyer for our property sale, you can only imagine what has happened to us.
    Well, after the 3rd year of promises and no payments for two, we foreclosed. 2007 Nov. Just sent out the order to return to our name because we had been trying to renegotiate a brand new sale and brand new contract----done WITH a lawyer this time... At the foreclosure, they attached a lis penence and our lawyer didn't say a word. Does that mean that we agree that we should ALLOW a fraud lien against our property? Weren't we supposed to object?
    Well, my question is, as soon as it gets signed back into our name, can we begin the court action to satisfy the attachment through hearings or trials or whatever is the process? Is it possible to ask a judge to make this SPEEDY? We have to get that off there in order to sell it in the future, AND I MEAN NEAR FUTURE as they never have paid any property taxes even though the tax statements went to them and two years certificates have been purchased. I wonder if I really should be hiring a criminal lawyer---what do YOU think ?
    Signed --- There's 3 idiots in Florida
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 30, 2008, 04:57 PM
    If someone has purchaed the tax certificates on those properties, buy them back qucikly, or you will end up losing the house for the back taxes.
    This is how I buy many properties, after the allowed redemption periold who ever owns the certificates can go to court and get a tax deed that will over ride your deed.

    But no, there is normallly no speedy trial motios in a lot of civil procedures, get your lawyer working on this.
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