After suit is filed, what considerations should be given to adding and dispensing of other interested parties?
Once the lawsuit has been filed and the lis pendens has been recorded, the plaintiff should update the title report to determine if any new persons or entities filed liens or clouds of title against the property which were not discovered by the initial title search but were filed prior to the recording of the lis pendens. If any such liens are discovered, the complaint must be amended to add their holders as parties. Parties who obtain interests in the property subsequent to the recording of the lis pendens need not be joined as parties, but they will still be bound by the foreclosure. Adding and dispensing with parties often raises priority issues, such as: Homeowners assessments- A mortgage recorded after a declaration creating a homeowner’ association but before the recording of that homeowner’s association lien takes priority over the lien unless relation-back is clearly evidence by specific language. Fla. Stat. §720.3085 provides that the association’s assessment lien relates back