The subcontractor filed a lawsuit to foreclose on a lien and doesn't actually try to serve the papers to any of the parties for several months, can they still pursue their foreclosure rights on the property?
I am a home owner, I paid the contractor, the contractor didn't pay the sub. The sub is suing the contractor, and seeking to foreclose on the property to repay debt.
Work was finished in Jan 09, lien filed in 2/09, lawsuit filed in 10/09 and papers were mailed to me on 2/1/10. The papers have not been served to me yet.
The debt may still be valid and they are suing the contractor for this debt. I just want to know if my property is still in jeopardy since they didnt really pursue a lawsuit, rather they filed it as a place holder for the lien.