How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney & Mediator Your Own Ques...

Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
1723468
Type Your Legal Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

how do I file a lis pendens in florida

Resolved Question:

I was told to file a lis pendens against a house that I was building. The builder will not accept our financing and we haven't received our money back (about 6500.00). How do I do this in Baker County Florida?
Submitted: 8 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 8 years ago.
I want some clarifciation to see if a Lis pendens is what you are needing in this case. A Lis pendens is a notice of pending litigation,to let the other party know that there has been a lawsuit filed. You can read the definition here. Is this what you are asking for more information about or are you interested in filing a lien to protect an amount owed in the property in question.

Please provide more specific details to see if I could help you or direct you in the right direction.



Customer: replied 8 years ago.
Reply to Lawyer, Broker 's Post: I guess I need to file a lien. We signed a contract with a small local builder and got preapproved with an FHA mortgage. After investing about $6500.00 in the house and being lied to several times about scheduling closing, we were told that they would not accept FHA financing because they couldn't pass an FHA inspection (with a well and septic tank). We were verbally told we would receive all of our money back that we've invested. It's been almost 2 months and we haven't seen a dime or received a phone call back from them. Not to mention that we haven't released them from the contract and they have the house back on the market. My husband and I want to place a lien on the property so that they can't sell it without us getting our money back.

Thank you for your help
Expert:  4ren6 replied 8 years ago.
Sir normally the contractor prior to the FHA approval must pass a FHA approval was this done.
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply, based on the new information you have provided, it does not appear that you need a lien, rather you need to file a civil complaint for breach of contract against the small local builder because as you stated, they first agreed to build based on FHA funding and they are now not willing to return the funds you have already invested when they said they will and are not responding to your calls, etc...

Since your amount of damages is more than $5,000 for a small claims suit, you will need to file a complaint for breach of contract with your county court. County Courts will hear civil cases with the jursdictional amount of $15,000 or less in damages. Typically higher courts require that you have an attorney represent your interest. You can access the directory for the court's contact information. However, as of the time of this reply their website is down.

Once your civil claim is filed, then you will infact need to file a lis pendens to preserve your interest on that property from being sold.

As discussed in my first reply to you, a lis pendens will notify all parties that a pending litigation is in progress and that the property should not be sold until the litigation is resolved.

Typically, a lis pendens is a motion that you prepare and not a form you obtain from court. Here is a sample of lis pendens. Here you will find information regarding Florida Statues regarding construction liens, if you wish to research further.

I highly advice you to speak with an attorney regarding your rights. The attorney will be able to review all the facts of your case, make a last attempt to recover against the builder, by preparing a demand letter and finally if the demand does not work, prepare all necessary paperwork for your civil complaint and lis pendens.


Let me know if you need further assistance or clarification.














Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 10 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Attorney & Mediator
Attorney & Mediator
Attorney & Certified Mediator
8086 Satisfied Customers
Attorney & Certified Mediator