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Updated almost 11 years ago on . Most recent reply

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16
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8
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Joseph Atkin
  • Fremont, CA
8
Votes |
16
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When is it ok to contact the borrower, as the holder of a NPN?

Joseph Atkin
  • Fremont, CA
Posted

I'm very new to the idea of investing in notes generally, and I have a question regarding non performing notes specifically: 

I feel like I heard/read somewhere that it's not legal (or not ethical?) to directly contact the borrower of a non performing note to attempt to get the note re-performing. Is what I think I heard/read accurate? If so, how does one indirectly/legally contact the borrower to try to get the note re-performing. 

If it's not accurate, is there any nuance to how one should/shouldn't contact a borrower that I should consider? Or is it totally fine to contact the borrower as the new holder of the note?

Thanks in advance for any guidance/help.

Most Popular Reply

Account Closed
  • Investor
  • Central Valley, CA
3,729
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6,037
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Account Closed
  • Investor
  • Central Valley, CA
Replied

Is it an owner occupied consumer loan? Or a loan to an investor for investment property?  If consumer, with all the new regs in place for consumer loans I wouldn't contact the borrower directly.  There are certain notices and disclosures required and the laws are quite specific about collection attempts.  I'd contact a servicer and/or a foreclosing trustee service and have them get the ball rolling. 

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