How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
Type Your Business Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

On 10/22/2008 had PLM Lender Services, a California trustee,

Resolved Question:

On 10/22/2008 had PLM Lender Services, a California trustee, filed a Notice of Default for non payment of taxes and monthy payments on a property owned located in California, owned by California LLC. On the advice of an attorney I did not have the trustee file a notice of sale. It has been in limbo since.
The note became due the 1st January 2009.

The note was guaranteed by the original beneficial owners of the note and who assigned the Note and Deed of trust to me on April 17, 2007. The note guarantee was in writing and was notarized and signed April 17, 2007. I have been adivised by several law firms that it is fully enforecable.

Problem 1 - I can't find the original demand for non payment sent to the Note maker and who is also the trustor on the Deed. Should I have the NOD recessind and send a new demand to the Note Maker who is also the Trustor on the Deed?

There-by enabling me to make demand for performance on the Guarantors for the full amount allowed in the Guaranty.

Bill Bronner
Submitted: 6 years ago.
Category: Business Law
Expert:  Maverick replied 6 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


Take a look at your guarantor agreement and see if it first requires demand on the borrower before you can make demand on the guarantors. Most of the times, once there is default, you can make demand upon the guarantors and the borrower at the same time.


Otherwise, you can make a new demand for payment. No need to rescind the old one. Just make the new one and if the borrower does not pay within the time identified in your demand then you can make a demand on the guarantors. Then you can file suit against both, if they still do not pay.



If you need more clarification or follow up information, please feel free to write back as there is no extra charge. Otherwise, please click on the ACCEPT button. Even if you have put in your payment information, I receive no credit for my time unless you press "ACCEPT".

Sometimes the law does not give you the outcome that you may have anticipated. Please understand that this is not the attorney's fault. We are assuming that you are paying for an honest and professional opinion.

Please know that there may be a delay between your follow up question and my answers because I may be helping other customers. Rest assured, I will get back to you. In the meantime, you can learn more about me by clicking on my name at the bottom left hand corner of the screen.

This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at or


If you feel that I went an extra step to help, a bonus would be greatly appreciated! Also, please know that you can always request me for a future question by starting your new question with "This question is for Maverick".


Maverick and other Business Law Specialists are ready to help you