can i lien a property on a pending small claims?

[delphipgmr]

i am suing my prior landlord in small claims for not returning the security deposit. (long story, but we will win the case).

 the house we were renting from them is being sold (short sold, in forclosure) there is a sale pending now (although being a short sale, the bank could take months to make a decision)

 what im wondering, is if i can lien that property now (to in effect stop the sale),
 
 court is in 2 weeks, so i will get a judgement by then.

 if i cant lien it now, how long after getting judgment can i?


actually, i believe under floridas new judgment lien law, you can file a lean against property, but not until after receiving the judgment. (and you can only file one lien)

[Landlord]

You can try a year after you get a judgement, if you are not paid.   The odds of you being granted it are close to zero though.  While it is legally possible most judges will not allow it.   

You can not place a lien on it now for two reasons, one, you have no right.   Two it is in escrow, you can not interfere with the sale.

[Matty2tan]

. What you are trying to do is get a "Lis Pendens" placed on the property. This is not a lien, but a notification that there is pending litigation on the property. It won't stop a sale, but merely notify interested parties that a claim is being made. Only problem is, it has to be specifically concerning that property-like a title dispute, or a quit claim that is being recorded. In most states, they won't file a Lis Pendens on a claim that may be  satisfied with a monetary judgment (like yours). You can get a judgment if you win, and then try to find assets to collect the judgment from, which may include a subordinate lien on a property, but a foreclosure will wipe that out.