Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.
Was there any collateral pledged by the borrower in exchange for the loan?
If the note pledges the real estate and vehicle as collateral, you have a lien against these things already.
If you had the borrower sign a deed of trust for the real estate and if you recorded the deed of trust in the land records, you have a right to foreclose on the property for his default under the deed of trust.
However, if there is no deed of trust - - and just a promissory note - - the only thing you can do is sue the borrower in court for breaching the repayment terms of the promissory note. Once you obtain a judgment against the person for the balance due on the note, you can place a judgment lien against the person's real estate, vehicle any other property owned.
You can then take the judgment and use it to foreclose on your house; also, you could issue a writ of execution to force the sale of the borrower's personal property - including his truck.
You would have to use the proceeds from any sale to pay off any lienholders in front of you (like the mortgage loan or the vehicle note). Once any superior lienholders are paid, the remaining funds can be used to pay on your note.
You can also issue wage garnishments and bank levys against the person once you get a judgment.
Thus, there are several ways to proceed with liquidating property, but if there's no deed of trust for the real estate, you're going to have to file suit and obtain a judgment before you can enforce your lien against the person.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).