Q: Property sold, lien not honored. What recourse do I have?
I evicted a tenant, was awarded monetary judgment by court, placed lien on home he owned w/estranged spouse. SunTrust foreclosed on home, did not notify me of payout, and ex-tenant has received funds while my lien was not honored. Volusia County, Florida is venue. What recourse do I have other than pursuing new owners of property?
A: If you were named as a junior lienholder in a foreclosure action and the foreclosure sale is complete, your rights to collect against that property have been extinguished. Even though the property has been foreclosed, you still have rights to collect under the judgment, so your best bet will be to pursue collections that way.
A: As a junior lien the foreclosure by the bank wiped out your junior lien; that is how it works. But if there was surplus any junior liens get paid before the ex-owner IF you made a timely claim to the court within 60 days. If not you waived your rights sorry to say. You still have a money judgment against the person; that is your only option.
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