Home Selling in 76063>Question Details

Mandi8307, Home Owner in 76063

Can I put a lien on my next door neighbor's house for not paying for her portion of a fence construction (she agreed to pay)? If so how?

Asked by Mandi8307, 76063 Tue Jul 26, 2011

She has never lived there since we have. But we have discussed everything through the VP of our HOA who has spoken with her. Now her house is supposedly about to go into foreclosure.

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9
Mandi,

This post has all the "earmarks" of a legal issue that should be referred to an attorney for their input.

Good luck,

Bill
0 votes Thank Flag Link Fri Nov 15, 2013
I couldn't agree more.
Flag Fri Nov 15, 2013
I recommend you speak to your HOA about it, if you have one.
0 votes Thank Flag Link Fri Nov 15, 2013
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0 votes Thank Flag Link Mon Jul 9, 2012
Yes you can, you would have to take her to small claims court in the same city. It costs about $55 to file. To win you would need a written agreement between you or some kind of agreement to show the judge. Any other Real Estate needs give me a call Jennifer Fox, Fox Realtors 817-401-9432
0 votes Thank Flag Link Tue May 29, 2012
The priority of liens, as Margaret pointed out, plays a major role.
Taxes constitute the highest liens. Mortgages are next. HOA liens are next and mechanic's liens and the like are usually the lowest.

Foreclosing a lien wipes out the claims of the lower lienholders. A tax foreclosure will wipe out everybody's claim including the mortgage company's. So, the mortgage company normally pays the real estate taxes to keep from having its lien wiped out.

If the mortgage is foreclosed, then the HOA claims and any mechanic's liens (for work done on the property) and your lien (if you can get a judgment against her) would be wiped out anyway. You might ask your friendly VP what the HOA is going to do about reimbursing you, since they brokered this deal with the owner other. I doubt they'll step up, but they might do something.
Web Reference: http://www.SumnerRealty.com
0 votes Thank Flag Link Wed Jul 27, 2011
How would you go about doing that, Mandi?
0 votes Thank Flag Link Tue Jul 26, 2011
Well, not officially. We went through the HOA to get approval. Because we were upgrading the fence from a 6 foot to an 8 foot, the HOA wanted the front portion of her fence that shares with the front portion of our fence to match so it looked nice from the street. So our Vice President (who has been taking care of everything regarding her house since she lives in Virgina now) contacted her regarding it and she told him yes that she was fine with upgrading her front portion and she would send us a check once we found out the cost. She also told him that she would split the cost of the shared fence that splits our yards. Because we were going through the HOA and he was the point of contact for her, I would think that as a committee member, his word was enough.

Because the HOA required that she change her front portion in order for us to do it, and they are the ones that said she would pay, wouldn't they at least be responsible to pay us for that front gate?
0 votes Thank Flag Link Tue Jul 26, 2011
Did you get anything in writing from her?
0 votes Thank Flag Link Tue Jul 26, 2011
If you were to put a lien on her house and her house gets foreclosed on by her lender, your lien gets wiped out and you get nothing. Her mortgage is "senior" to your lien which is considered a "junior lien". I hope this helps.
0 votes Thank Flag Link Tue Jul 26, 2011
Wait a minute. Is that the law in Florida? If the property tax claim is $20,000 for example and the house sell for $100,000 at auction, are you telling that the the entire $100,000 will go to the tax collector (city, county) and none to the junior claims?
Flag Sat Feb 1, 2014
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