William Metzker

You guys are great. Thank you. - Yesterday, 07:39

In my experience in Nevada, California and Oregon for more than 35 years as an investor and developer, lis pendens generally has nothing to do with trust deed foreclosure, although I suppose it might in rare instances in some states. Here's the deal with lis pendens: If guy A sues guy B, guy A's lawyer will file a lis pendens on guy B's property, which means that guy B's property get a cloud on the title because he's getting sued and may lose. The property may go into foreclosure, but the lis pendens is separate. It can be filed pre-Notice of Default (foreclosure stage 1) or afterwards.

It may be that there's a divorce involved and the lawyers on both sides filed a lis pendens so the other side's spouse can't sell the property. Maybe the property owner is being sued to collect a debt. It's safe to assume there's litigation of some kind, I'd say. Maybe there's a judicial foreclosure (as opposed to a trust deed foreclosure) going on. Hard to say.

I could go on, but are there any FL people who can shed light on this? I just don't see how a lis pendens relates to a foreclosure. Feliciano thinks he's looking at a great deal, and may be, but I'm not seeing it. It may be because of my ignorance of FL state law.

Feliciano, do you know a lawyer or a real estate agent with a little gray hair who can help? I will say this--people avoid properties with a lot of problems attached, and if you can figure a way through this one, and work hard, you might make a good deal without a lot of competition. Just know there are no easy ways. - Sun Nov 16 2008, 21:52

If the house has been sold, you'll need to contact a lawyer. - Sun Nov 16 2008, 15:31

If the house has been sold at auction, it will be extremely difficult to establish a claim. Only an attorney can offer good advice at this time. - Sun Nov 16 2008, 14:46

It depends on your state's laws. Owners are often required to vacate properties a few days before sale. In any event, title will transfer at the auction, and if you don't leave before then, the sheriff will likely come and escort you out and place your personal belongings in storage someplace--at your expense. - Sun Nov 16 2008, 10:59