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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54851
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I loaned money to homeowners who signed a promissory note listing

Customer Question

I loaned money to homeowners who signed a promissory note listing the house a collateral. For reasons unknown the owners have vacated the house to a location unknown to me. They have paid no payment on the loan. I do have the signed promissory note. What are my options? Is there any way I can recoup the loan?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
You have a couple of options. One, no one hides well these days. If you contact your local college and ask them to recommend a computer science major, that student can find where your borrowers are within about 30 minutes through the internet. And, once you find them, you can file suit against them. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages (unless you are in TX, SC, NC, or PA), attach bank accounts, have the sheriff seize other personal property, and/or place liens on any other real property your borrowers own to satisfy the judgment. Two, you can foreclose on the property posted as collateral and if that foreclosure sale doesn't generate sufficient money to pay the loan, you can then sue them for the shortfall as in alternative one above.
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