2nd Lien, Borrower Made a Payment. Still Enforceable?
Hello,
I've come across a 2nd lien which is a well drawn up note that the borrower never paid on. Payments were due from '08 - '13 but the borrower told the lender he didn't have the money when it came time to pay each month. The lender is a novice investor and didn't pursue the money at all. He never gave the borrower any sort of indication that the debt was forgiven either.
The note is well written. Property is in good condition and the same borrower owns it. No other liens. Will check borrower's credit as well.
I'm wondering if there was some law or rule where the borrower is forgiven or if the borrower isn't responsible for the debt any longer because he never made 1 payment on it. I feel this debt is still enforceable but maybe someone here knows of some edge case where it's not.
Note is in CA.
Please advise. Thank you!