Does the notice of delinquency constitute a lien under Florida law? If it were recorded...there probably should have been some notation of it in the abstract. Does the delinquency in and of itself create an inchoate lien on the property under Florida law?

Was the title search performed for purposes of the foreclosure or for the prior sale? If it was performed for the foreclosure, Steve brings up a good point ... if the foreclosure is still pending. It may simply be a matter of citing in the judgment lien holder as a Defendant, amending the pleadings and serving the judgment lien holder with the the papers.

If this is the correct scenario...I have seen something similar occur up here even after judgment was entered in a foreclosure. The abstractor missed an assignment of a junior mortgage. Consequently, the junior mortgagee was never named as a Defendant in the foreclosure, and his mortgage had not been foreclosed.

In Connecticut it is possible to reopen a judgment of foreclosure for four months after the judgment is entered. The Plaintiff filed a motion to reopen judgment, cited in the new Defendant, amended the pleadings, served the new Defendant, and foreclosed his mortgage. The defect was cured.

If on the other hand the search were performed for the prior sale, and the title insurer paid off on the claim, there is a different matter involved. In some mortgages there are provisions for the mortgagee to pay the lien, and require reimbursement from the mortgagor. In some cases it is added on to the mortgage principal, and paid accordingly.

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