Home>Levelset Community>Legal Help>In a mechanics lien foreclosure action, if the contractor prevails can he get his attorneys fees pd frm the home equity

In a mechanics lien foreclosure action, if the contractor prevails can he get his attorneys fees pd frm the home equity

FloridaLien Foreclosure

Hi, I am in a lawsuit with my Contractor. He placed a lien for 16k and I countersued. I cannot afford an attorney and am doing this pro se. He has 2 attorneys and a paralegal working on this just churning out motions and paperwork. On a phone conversation with his attorney he said if they prevail they will foreclose on the house to get both their original lien but also take the remainder of the equity to cover their attorneys fees.

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Jun 1, 2020

Yes. Florida statute 713.29 gives the contractor a right to recover attorneys fees.

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Jun 1, 2020

I understand the prevailing party is entitled to attorneys fees, the question is can that be taken from the home equity via the mechanics lien

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Jun 3, 2020

Yes. Once a final judgment is entered in favor of the contractor, it will include the amounts due on the lien, plus attorneys' fees, plus costs. If you are not able to satisfy that amount, then the court can order the sale of the home to satisfy the judgment.

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