Lien Forclosure

Hi , My name is Pat, I'm in Cape Coma(Coral) FL. , The builder after finishing my house put a Lien on my property for additional dirt he said he used to build my house for extra 6k , I filed a contest of lien in which he had 60 days to enforce the lien he filed a small claims forclosure in civil court 66 days later. My 1st question: is it LEGAL for him to file the forclosure outside the 60 day contest of lien window ?

Also, I haven't been at the property very much and it looks like they have made two attemps to deliver the certified mail but I haven't signed for anything and it has been inactive since Jan 31st. My 2nd question: If I don't sign for the certified mail can I still be held accountable or can they still force the lien and judgement against me ?

My house is being short-saled and I'm not getting any assistance from the bank , I've had 2 contracts sent in over 2 month ago and no one from the short sale department was ever assigned to it in the work-out department. My 3rd question: Now If I just do a deed in lieu of forclosure can I just give the keys back the bank and will the lien from the builder dissolve ?


P.S. Can I Counter sue the builder as well ??

Thanks In Advance for ANY Help in this F@cked up situation.

Q: My 1st question: is it LEGAL for him to file the forclosure outside the 60 day contest of lien window ?

A: It may or may not be; the court will give you the final answer.


Q: My 2nd question: If I don't sign for the certified mail can I still be held accountable or can they still force the lien and judgement against me ?

A: Yes.


Q: My 3rd question: Now If I just do a deed in lieu of forclosure can I just give the keys back the bank and will the lien from the builder dissolve ?

A: No. A deed in lieu does not wipe out junior liens. In fact, the mechanic's lien may be a SENIOR lien. (I don't know the laws in your state on this point.)


Q: Can I Counter sue the builder as well ??

A: Anyone may sue anybody for anything at any time for any reason.