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Jonathan Makovsky
Pro Member
  • Investor
  • Fairfield-New Haven-Hartford County, CT
412
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825
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Technical Question for HML's

Jonathan Makovsky
Pro Member
  • Investor
  • Fairfield-New Haven-Hartford County, CT
Posted Nov 25 2014, 13:45

Is there an industry standard for serving a notice on a "non-monetary default" in a hard money loan? 

A private hard money lender and I have agreed to business terms on a loan, and our attorneys are on opposite sides with one of the legal terms relating to serving notice on a non-monetary default.

My attorney's concern is that worst case is that we can be foreclosed on if there is a "minor" breach of the contract and lose the property for something that can easily be cured had we known about it.

The Lender's attorney said we will have time to cure a loan even if we are being foreclosed on, and he does not want to be bothered with serving default notices. 

The Lender and I are both okay moving forward with the "industry standard". Can any lenders/borrowers can chime in on their experience?

Thanks in advance.

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