Lien ignored or canceled by court

[Backroads]

What is the name of your state? Florida, Lee County

Hi, I have a judgement against someone for $5000. One of many of her properties are being foreclosed on, and I am named in the suit as a possible creditor. Previously I had liened one of her properites and was notified of a sale along with 6 other creditors. I was also included in that lawsuit as a defendant. I sent a written response to the judge, (time stamped by the court clerk) and was notifed of a final judgement, with no response to my written response (again actually named as a defendant). When I showed up in court, the judge seemed suprised to see me. He asked why I was there, and I expalined, I had a lien. He hesitated then said, "I'm sorry, I can't coach you, you need to talk to an attorney". All liens were canceld, and the property sold (for $180,000, of which the bank (plaintiff) was owed 36,000)
I am in the same situatation again, only this time I have a "judgement". I have not liened the property, yet, and have 10 days to do that and submit a response (just like last time). I have several questions
1)Why was my first lien canceled when there was plenty of money to pay everyone.

2)How do I avoid that this time . . . .

3) Is it a law that anyone involved with courts, has to have a poker face???? Seriously, I asked some woman on the elevator, which judge I should go observe, to get a better understanding of court and procedures, and this curtain descended, like she was that mechanical wizard contraption in "Wizard of Oz", and she says "I can't answer that" . . . . There all like that . . . . just curious. Thanx in advance, TimWhat is the name of your state?

[HomeGuru]

Originally Posted by Backroads

What is the name of your state? Florida, Lee County

Hi, I have a judgement against someone for $5000. One of many of her properties are being foreclosed on, and I am named in the suit as a possible creditor. Previously I had liened one of her properites and was notified of a sale along with 6 other creditors. I was also included in that lawsuit as a defendant. I sent a written response to the judge, (time stamped by the court clerk) and was notifed of a final judgement, with no response to my written response (again actually named as a defendant). When I showed up in court, the judge seemed suprised to see me. He asked why I was there, and I expalined, I had a lien. He hesitated then said, "I'm sorry, I can't coach you, you need to talk to an attorney". All liens were canceld, and the property sold (for $180,000, of which the bank (plaintiff) was owed 36,000)
I am in the same situatation again, only this time I have a "judgement". I have not liened the property, yet, and have 10 days to do that and submit a response (just like last time). I have several questions
1)Why was my first lien canceled when there was plenty of money to pay everyone.

2)How do I avoid that this time . . . .

3) Is it a law that anyone involved with courts, has to have a poker face???? Seriously, I asked some woman on the elevator, which judge I should go observe, to get a better understanding of court and procedures, and this curtain descended, like she was that mechanical wizard contraption in "Wizard of Oz", and she says "I can't answer that" . . . . There all like that . . . . just curious. Thanx in advance, TimWhat is the name of your state?

**A: those people were correct, you do need an attorney.

signed,

Tin Man

[Zigner]

Originally Posted by HomeGuru

signed,

Tin Man

Someone's been watching too much tv

[BoredAtty]

Originally Posted by Backroads

What is the name of your state? Florida, Lee County

Hi, I have a judgement against someone for $5000. One of many of her properties are being foreclosed on, and I am named in the suit as a possible creditor. Previously I had liened one of her properites and was notified of a sale along with 6 other creditors. I was also included in that lawsuit as a defendant. I sent a written response to the judge, (time stamped by the court clerk) and was notifed of a final judgement, with no response to my written response (again actually named as a defendant). When I showed up in court, the judge seemed suprised to see me. He asked why I was there, and I expalined, I had a lien. He hesitated then said, "I'm sorry, I can't coach you, you need to talk to an attorney". All liens were canceld, and the property sold (for $180,000, of which the bank (plaintiff) was owed 36,000)
I am in the same situatation again, only this time I have a "judgement". I have not liened the property, yet, and have 10 days to do that and submit a response (just like last time). I have several questions
1)Why was my first lien canceled when there was plenty of money to pay everyone.

Are you sure that's what happened? The facts you shared don't add up, and here's one reason why: A person who has enough equity in his house to pay all liens would not allow himself to be foreclosed on since he would only stand to lose money that way. Instead, he would sell the house himself and pay off the liens.

It sounds like the senior lien holder was owed more than $36,000. Are you sure that the foreclosing bank had the most senior lien? Is it possible that the foreclosing bank was actually a junior lien holder to a more senior lien? For example, perhaps the homeowner had two mortgages, but was current on the first mortgage and only defaulted on the second mortgage (thus causing the bank holding the second mortgage to foreclose). If that's the case, then the senior lien would need to be paid from the $180,000 first, then the foreclosing bank, then other lienholders. But if there is not enough money to go around after the first two liens were satisfied, then you and the other lienholders would be wiped out.

[Backroads]

Are you sure that's what happened?

Bored Atty: yes I'm sure that's what happened . . . Lee county has very ez access to court dockets, I could post the links to what happened if that's allowed here . . . But its reassuring to hear an attorney, is as baffled as I am . . . unfortunately its the same judge this time also . . .I gotta go check the rules, see if I'm allowed to show this stuff, but Thanx, for comin out behind the curtain . . . . , Tim

[seniorjudge]

Originally Posted by Backroads

Bored Atty: yes I'm sure that's what happened . . . Lee county has very ez access to court dockets, I could post the links to what happened if that's allowed here . . . But its reassuring to hear an attorney, is as baffled as I am . . . unfortunately its the same judge this time also . . .I gotta go check the rules, see if I'm allowed to show this stuff, but Thanx, for comin out behind the curtain . . . . , Tim

Okay...then if all that stuff is true, then get a lawyer as Tin Man HG told you to do.

(And do NOT trust witches with monkeys.)

[Backroads]

ITs all true . . . .

(And do NOT trust witches with monkeys.)

!!!!!!!!?????? WHEN THE H*LL, THEY MAKE THAT RULE!!!!!

(I thought they were ferrets, anyway, but she made no mention of Ruby Red slippers . . so I thought "Hey, she's cool!!!) That stinks! . . . Nolo and West Law mention nothing! No precedents, case law, nothin . . . guess I musta missed the memo . . . .

Folks this is gonna be 'Pro Se', that's why I'm here . . . .

[BoredAtty]

Originally Posted by Backroads

Bored Atty: yes I'm sure that's what happened . . .

Are you sure you did everything correctly from a procedural standpoint? The comment about "coaching" makes me wonder if you failed to follow proper procedure -- after all, why would someone need an attorney to coach him if he never had a chance to begin with? Are you sure the surplus isn't sitting there waiting to be claimed?

Assuming that is not the case, are you saying that despite properly asking the court to prioritize junior liens and distribute the surplus, the judge wiped out all junior liens? If so, I assume you're also saying that the homeowner received the surplus ($144,000). Is this correct?

If that is what you're saying happened, you should definitely seek out an attorney, as that is counter to the law, and there is a plethora of case law to back that conclusion (including case law in your own 2nd district).

From Schroth v. Cape Coral Bank, 377 So.2d 50 (Fla.App. 2 Dist., 1979): "The foreclosure sale resulted in proceeds exceeding the Bank's entitlement. Accordingly, we reverse and remand with directions to the trial court to conduct an evidentiary hearing to determine the rights to the excess proceeds of all claimants who were defendants in the foreclosure suit, irrespective of whether they filed responsive pleadings."

From Citibank, FSB v. PNC Mortg. Corp. of America, 718 So.2d 300 (Fla.App. 2 Dist., 1998): "After a foreclosure sale, the trial court is required to prioritize the interests of the competing junior lienholders and the amounts due each."

From Golindano v. Wells Fargo Bank, 913 So.2d 614 (Fl, 2005): "Before any foreclosure surplus funds can be disbursed, priorities of lienholders must be determined."

From General Bank, F.S.B. v. Westbrooke Pointe, Inc., 548 So.2d 736, 14 Fla. L. Weekly 1983 (Fla. App. 3 Dist., 1989): "It has long been the law in Florida that any surplus remaining after a foreclosure sale should be paid to the junior lienholders in accordance with the priority of their liens on the property and that only after the liens have been satisfied may any surplus be disbursed to the owner of the equity of redemption."

I could keep going with more cases, but you get the point.

[Backroads]

WOW! Wait, I need some time, to look at that stuff . . . .off the cuff, procedurely, I did'nt file any motions or anything. As I remember, it asked for a written response in 20 days, and if I remember right, I wrote the judge, it was a valid lien, and . . . . know what? Let me find my copy of exactly what I wrote, but I remember I did get the clerk to "log" it, and the judge was suprised when I showed up . . . none of the other 'defendant-creditors' showed, I have to go to work, but I'll find and post what I wrote ASAP. Lee county stopped allowing online access to civil procedures . . . . (made too much sense, I think). Thanx abunch BA!

(Edited to add smiley faced dude to BA)

[Backroads]

(My response, but this property is long ago sold, the property being foreclosed on now is one of their "homesteaded" properties . . . .See they're divorced, but they used to have 9 investment properties, together. then they both decided "cocaine" was the road to enlightment . . . .oh nevermind . . .but I can't initiate proceedings since they both live in the 2 remaining properties . . . only mortgage holders)

Wells Fargo vs. "The Jerks, et al" (changing names to protect the guilty, but I was et al)

Your Honor,

I challenge this lawsuit, in as far as my interest in the property located at ------------,Bonita Springs, Fla. In June of 2003, I was contracted to do extensive repairs, and painting to this property, by Mrs. Jerk. She has been billed repeatedly, and never responded. Mediation was attempted, through Lee county, to which, again, she never responded I then filed a mechanics lien, on this property and had intended to pursue l
civil action, when this foreclosure occured. If the court decides to dismiss, my lien, I would ask this foreclosure be stayed, pending the results of my civil suit. There are currently many creditors pursuing Mr. and Mrs Jerk, and I fear once the property is foreclosed, collection of any award would be extremely difficult.

Sincerely,

Backroads


Now, I admit, I neglected to put in alot of confusing latin, and I definitely forgot to smoke a big fat cigar, with a snifter of Brandy, when I was done, but I thought the court would forgive my vulgarities, and like . . . hand over the loot . . . .but alas . . . . I underestimated the courts' charity . . . .and got nuthin . . . .not even a yellow post-it, saying "you suck!" or sumithin . . . . so . . ..
Whoaa, gotta go to work!!!!

[BoredAtty]

Well, I can see why the judge suggested you get an attorney. There are several things wrong here...

First, you don't contest a foreclosure by sending a letter to the judge. Second, the fact that the foreclosure will damage your ability to collect is not a grounds for contesting a foreclosure. Third, you have no incentive to contest the foreclosure, given that there is enough money to pay you once the property is (or was) sold.

There may be other considerations as well, such as whether you actually have a valid lien given that it appears to be some sort of mechanic's lien and there are generally many laws that govern those. I don't have time to research that issue now, but if I get a chance later or tomorrow, I'll post back here.

You may want to hire an attorney to get your money from a foreclosure if for no other reason than to see what he does so you can do it pro se next time.

[Backroads]

BA, Thanx. I haven't assimilated all the stuff you already found. I need to digest some of this, but I'll post a lengthy response shortly when I get caught up . . .Tim

[Backroads]

Still readin . . . how do I get into Law School?