B
bkgerber
Guest
What is the name of your state? Indiana
My financee's business is incorporated and he is currently foreclosing on a property of which he totally remodeled and the client's did not pay the total bill for. Intially after finding out that they were not going to pay the total bill a mechanics lien was filed on behalf of his company against the clients and the bank that they received their mortgage from. The clients had just received their new mortgage and the bank had not had time to file their lien rights before we did so. The clients hired an attorney and after a motion for foreclosure was filed he replied and received a 30 day extention for discovery and then resigned two days later from the case. Consequently the bank replied and this is what they are saying. They say that they do not care that our lien was in place first. They say that they have a larger interest in the property than we do. Now we are filing for default judgement on the property because after the client's lawyer resigned they never replied. Would we not be first in line for payment from the property if the property were to go for sheriff's sale and the bank be second?
My financee's business is incorporated and he is currently foreclosing on a property of which he totally remodeled and the client's did not pay the total bill for. Intially after finding out that they were not going to pay the total bill a mechanics lien was filed on behalf of his company against the clients and the bank that they received their mortgage from. The clients had just received their new mortgage and the bank had not had time to file their lien rights before we did so. The clients hired an attorney and after a motion for foreclosure was filed he replied and received a 30 day extention for discovery and then resigned two days later from the case. Consequently the bank replied and this is what they are saying. They say that they do not care that our lien was in place first. They say that they have a larger interest in the property than we do. Now we are filing for default judgement on the property because after the client's lawyer resigned they never replied. Would we not be first in line for payment from the property if the property were to go for sheriff's sale and the bank be second?