Is it common to be sued by a bank because you have a judgement against someone they are trying to foreclose on?

Asked over 1 year ago - Miami, FL

I have a judgement aginst an ex tennant and have been unable to collect . apperantly he is being foreclosed on, i am being sued by his bank because they are foreclosing on him. should I be concerned.

Attorney answers (2)

  1. Sergio Cabanas


    Contributor Level 12


    Lawyers agree

    Answered . It appears you obtained a valid judgment against your former tenant that may operate as a lien on their property. If that's the case, the bank will join you as a defendant to extinguish your rights against the property as part of their procedure, so they can foreclose and obtain a clear title (which allows them to re-sell it).

  2. Manuel Alzamora Juarez


    Contributor Level 20

    Answered . You have a second lien against the property, the bank has a first lien. Call the bank's lawyer and tell them you will give up your lien and to take you out of the lawsuit. If you fight you will throw good money after bad money. Best of luck

    This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general... more

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