QUESTION
Can we submit an ethic complaint to the bar for this matter?
Asked on Jun 02nd, 2023 on Foreclosures - Florida
More details to this question:
Long story short, my aunt purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has been known to buy HOAs, rent them out, and have no intention of ever paying the bill for the foreclosure (bad faith?). Turns out, this LLC has many complaints and they do this around a number of communities and don't fix things for the tenants, and the LLC owner is known to be a fraud. Well since the lawyer is claiming a surplus for their defendant, although the letter of the law states that a surplus is awarded to the defendant, in this case, wouldn't this be bad faith and unethical given they knew this was a junior lien, had no intentions of ever paying, and now are trying to cheat my aunt, and claim a surplus of the funds? Do we have any case here?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Your aunt will need to actually retain a lawyer to address this. This was badly handled from the start with a lack of due diligence in determining that there was a superior lien interest in the property. There should be no bar complaint filed unless it is clear there was some ethical breach by the lawyer, and since you claim they represent the superior interest, that might not be appropriate at all.
Answered on Jun 12th, 2023 at 6:24 AM
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