Investor · Piermont NY · Member since 2022 · 14 posts · 16 votes
Good Morning,
I have lent money to a borrower in the kansas city, MO area. He is overdue on his debt and seems very lax on communications and doesn't seem like he is intending to repay the debt anytime soon. I am looking for an attorney versed in these matters and see what my options are and how to go about rendering a foreclosure.
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
5mo
We buy non-performing notes and have a rolodex of attorneys for foreclosure. The question is, do you have a mortgage or deed of trust against a property, or is it unsecured debt? The process is very different between the two. If it's just unsecured, you'll have to get a judgment and then attach it. If it is a deed of trust or mortgage, then you can go to foreclosure.
Hello Richard, do you have a solid contract with a lien on the property? Find a local good attorney, call around. I would suggest having an experienced attorney create you a solid contract with first position before loaning money. Then you have an asset to collect on legally. Wish you the best of luck collecting.
Hello Richard, do you have a solid contract with a lien on the property? Find a local good attorney, call around. I would suggest having an experienced attorney create you a solid contract with first position before loaning money. Then you have an asset to collect on legally. Wish you the best of luck collecting.
Investor · Piermont NY · Member since 2022 · 14 posts · 16 votes
5mo
Quote from @Account Closed:
Hello Richard, do you have a solid contract with a lien on the property? Find a local good attorney, call around. I would suggest having an experienced attorney create you a solid contract with first position before loaning money. Then you have an asset to collect on legally. Wish you the best of luck collecting.
Hello Leslie. Yes, I do have a lien on the property along with a promissory note and a personal guarantee. This borrower is late and has been very subpar with communication. I wanted to speak with an attorney to see what my options are
Hello Richard, do you have a solid contract with a lien on the property? Find a local good attorney, call around. I would suggest having an experienced attorney create you a solid contract with first position before loaning money. Then you have an asset to collect on legally. Wish you the best of luck collecting.
Hello Leslie. Yes, I do have a lien on the property along with a promissory note and a personal guarantee. This borrower is late and has been very subpar with communication. I wanted to speak with an attorney to see what my options are
If they are 90 days past due, then can start with a demand letter but highly advise getting sent by an attorney.
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
5mo
We buy non-performing notes and have a rolodex of attorneys for foreclosure. The question is, do you have a mortgage or deed of trust against a property, or is it unsecured debt? The process is very different between the two. If it's just unsecured, you'll have to get a judgment and then attach it. If it is a deed of trust or mortgage, then you can go to foreclosure.
A local real estate attorney, you may have to go to court. Will cost some. You should win hands down as long as everything is in order. Hope this helps, Best of luck to you.
Missouri is a non-judicial foreclosure state for deeds of trust, so if your loan is secured by a DOT with a power of sale clause, the trustee process is usually faster than a judicial action. Worth confirming with the attorney whether your security instrument is a DOT or a mortgage, that changes the playbook.