Q: My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against
My best friend is told that a subcontractor can put a lien on her condo because the company is filing a lawsuit against her. She called me frantic and said that they would put a lien on her home and that they could evict her. I never heard of them evicting you over a lien. Mind you we are in Florida. I told her I would give her the 20 thousand to help her but just wanted to know is this true that they can evict her? She has a lawyer who is helping her in her lawsuit against them, but she said that her lawyer does not know whether or not she can be evicted. This is so strange that a lawyer would not know. She is in Florida by the way.
A: Your friend needs to get a second opinion or post the question herself. It is the unlicensed practice of law for you to give her legal advice, even second hand. She should have a lawyer that specializes in condo law.
A: She can file several types of "lien", including a "lis pendens" and what is called a "mechanic's lien" in most states. But the contractor can't foreclose unless and until they obtain a judgment, levy upon the judgment and obtain title to the property. It would be a long, involved process and eventual eviction is highly unlikely.
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