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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have a Promissory Note that was secured with a property

Customer Question

Hi, I have a Promissory Note that was secured with a property that was going into foreclosure with Wells Fargo Bank. I was in 3rd Lien position so my attorney had me sign a Release. Now the owners are getting a Settlement from WFB and I need to know if I can file a Notice of Lien on their Settlement or am I possibly entitled to a separate action against Wells Fargo? This was for a large sum of money $375,000
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California Los Angeles. They have an OSC tomorrow to dismiss their case with Wells and I contacted WFB attorney he said the checks were already mailed out to them. I know he was lying because the owner wants to settle with me.
JA: Has any paperwork been filed?
Customer: Not from me. I am looking at typing up the Notice of Lien myself and going into court tomorrow. This is a long story, but this was a tax man who got an Equity loan on my property in Marina del rey area. He has tricked me every way possible, now he is getting paid out.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have to pay something?
Submitted: 10 months ago.
Category: Real Estate Law
Customer: replied 10 months ago.
The case is being heard tomorrow morning for an OSC to dismiss after settlement, how do I approach the Judge with my Promissory Note ?
Customer: replied 10 months ago.
I just check Article 3 and attach copies of the signed agreement, file it and enter courtroom, will it go into the court ?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Did you release the lien only or did you waive the entire debt? Is the debt still valid under the statute of limitations of 4 years from date of breach of the contract?