Q: Does this mean I can put a lien on a house that i have done work on so if foreclosed on the bank has to pay first?
The person living in the home has not paid me yet. The house is close to being foreclosed on, so I'm wanting know if this clause would make the mortgage company liable to pay me, as I've replaced all water lines do to freezing and breaking, and put all New floors in and restabelized all the joyces from the basement.
A: Foreclose could be translated as "wipe out". The mortgagee foreclosed in order to wipe out all liens with less priority in the property than its own. Generally any lien attaching to the property after the mortgage is recorded has less priority. Only if the property sells for a surplus (an amount over and above that needed to pay off the first mortgage, including attorneys fees and costs) can junior lienholders get paid, and then only if their interests are provided for in the judgment of foreclosure and sale. That requires generally the filing of an appearance and answer in the foreclosure case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.