Home>Levelset Community>Legal Help>I have a Default final Judgement After Breach of Stipulation. It is recorded in the official records for the Palm Beach County. If the property goes into foreclosure how do I recover my money that is due? Do I need to file a lien or will this document suffice.

I have a Default final Judgement After Breach of Stipulation. It is recorded in the official records for the Palm Beach County. If the property goes into foreclosure how do I recover my money that is due? Do I need to file a lien or will this document suffice.

I need to know what to do to recover our money . Apparently the property is going into foreclosure. We do have a Default Final Judgement after Breach of Stipulation. This is in the official records in Palm Beach County, dated and signed 2/9/2015. Do I need to get a lien or will this be enough to get our money

1 reply

May 28, 2019

That's an interesting question. For one - a judgment that's wholly unrelated to a mechanics lien filing won't tie payment directly to the project property, by itself. So, to secure payment in the face of an unreliable customer, further action may be necessary beyond simply holding a judgment in hand. This resource has some helpful information regarding collecting judgments in Florida: How to Collect a Judgment in Florida.

However, with a judgment in hand against the nonpaying party, it's likely possible to obtain a judgment lien against that party's property in order to help secure payment. Of course, if the property is going into foreclosure as a result of bankruptcy, it may be hard to secure payment. For more on Florida judgment liens, this resource will be valuable: Judgment Liens on Property in Florida.

If you were referring to a mechanics lien for work performed but not paid for - that's certainly another strong payment recovery option, outside of the court proceeding used to obtain a default judgment. In a foreclosure situation, a mechanics lien could certainly be valuable - especially if the foreclosure is occurring due to a bankruptcy. Filing a lien will create an interest in the property, and it could lead to the mechanics lien claimant being paid as a result of some other foreclosure. For information on how mechanics liens can lead to payment, this resource has great information: How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid.

However, it's important to note the strict regulations that apply to mechanics liens - particularly, the mechanics lien deadline. In Florida, a claimant must file their mechanics lien within 90 days from the last date when they supplied labor or materials. After that 90 days passes, a valid and enforceable mechanics lien cannot be filed. There are also other requirements that may come into play, like notice requirements - and you can learn about those here: Florida Lien & Notice Overview and FAQs.

For information on exactly how to file a California mechanics lien, here's a great resource: How to File a Florida Mechanics Lien.

0 people found this helpful

Helpful