I am a contractor who designed a unique house with a courtyard pool centered in the middle of the house. I hired an architect, paid for the plans, and got a permit and started to build the house for an investor. The investor failed to pay the loan payments and was foreclosed before the house ws completed (its about 65% completed). The bank now wants to sell the partially built home without the use of the plans. The use of the plans are mine exclusively, I have a letter from architect stating the one time use I paud for. I haven't been paid for the work I did, filed liens, but the liens were junior to mortgage so there was no money to pay me for my work. I want to stop the bank from selling a housee that needs my permission to get a new permit (old one expired 4yrs ago). Can I file a notice of copyright infringement with the clerk of court to encumber the property from closing with a new buyer. The new buyer still won't have the use of the plans, and the bank isn't telling them this, they are selling AS-IS, Where-Is. thanks for your help
Optional Information: State/Country relating to question: Florida Already Tried: I have a lawyer fighting for breach of contract with the bank and I ahve a letter to the building dept,county manager, banks lawyers, and Remax real estate agent for disclosure purposes. I want to be able to encumber the title so a cash buyer doesn't come in a unknowingly step into the muddy water of partially built construction in need of plans. The plans that only I have rights to use. Otherwise more people get sued when eventual work starts to proceed on the house. Improper disclosure ,etc.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Welcome to JustAnswer,My name isXXXXX shall do whatever I possibly can to provide you with helpful information about the law. Please keep in mind that, although I am a Florida attorney, I am prohibited from giving customers of the site legal advice or forming an attorney-client relationship on this forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.I do not see any evidence or information concerning copyright infringement in your post. The bank does not appear to be selling the property with the plans nor distributing the plans Your attorney may want to consider filing a lis pendens to notify potential purchasers of the litigation concerning the propertyI think this is what you wanted to know. Please let me know if I have answered your question
The infringement something I want to stop before it actually happens, There is no way to complete the house, without my permission to use plans. I am owed alot of money for the work already done. The disclosure laws are there to protect unsuspecting buyers from problems that the bakn and the real estate agent KNOW about. We sent certified letters to them and the building dept. The only other option would be to litterally tear the house down. The bank wants to swindle someone out of there problem, they are being sued for breach of contract, the bank has aslo failed and has since been placed into the FDIC venture program. I just want to make sure I am not suing a potential buyer later when the try finish construction, when the bank falsely represented what exactly it was selling, they are claiiming people can just get the plans and finish house to make a large profit. Thats not true. Plus the bank stands to make a large amount of money off of something they didn't pay for or create.
I do understand. A lis pendens would notify all potential purchasers of the ongoing litigation with the bank.
My lawyer says you can't just file a lis pendens without a claim or it will be discharged or I will have to post a bond against damages it may cause to the bank. In other words I have to let someone actually commit infringement before I can legally do anything about it. Ive read where you can get an injunction from the judge if you feel you are going to be infringed upon and the they can;t be rectified or undone. What is the Notice of Claim ofCopyright Infringement that people use to notify another party? Can this be recorded against the property as a public record to cloud a title to stop a transaction from happening from title encumberance?
If my information disagrees with the information supplied by your attorney, I suggest you follow your attorney's direction. The attorney has a full picture of your situation where as I only have the information that you give me
Experience: 25+ years private practice
Hi,I'm just following up with you to see how everything is going. Did my answer help?Let me know,WebLaw