JAMES OBER v. TOWN OF LAUDERDALE-BY-THE-SEA: Lis Pendens Does Not Discharge Liens Placed After Final Judgment of Foreclosure
Cities’ Liens on Foreclosed Properties Placed After Final Judgment Aren’t Extinguished When Home is Sold
Ruling holds banks liable for liens placed after judgment and before sale
This case involves the application of Florida’s lis pendens statute, section 48.23, Florida Statutes, to liens placed on property between a final judgment of foreclosure and the judicial sale. The court holds that liens placed on property during this time window are not discharged by section 48.23.
The lis pendens statute serves to discharge liens that exist or arise prior to the final judgment of foreclosure unless the appropriate steps are taken to protect those interests. However, it does not affect liens that accrue after that date. The ten liens that were involved in the case were all recorded and based on conduct which occurred after the date of the first final judgment.
Full opinion below…
JAMES OBER v. TOWN OF LAUDERDALE-BY-THE-SEA