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How do you file lien on property that you have a promissory note on?
Wiki User
∙ 12y ago
You need to sue the debtor in court and win. If you prevail in your suit you can request a judgment lien. The lien can be recorded in the land records if the debtor owns real property. The property cannot be refinanced or sold until the lien is paid. Generally, personal property can be seized by the sheriff to satisfy your lien.
Wiki User
∙ 12y ago
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You loaned money to owners of a business they signed an on demand promissory note how do you file the lien on the property?
You will need to take the person to court. Once you have a judgment in your favor you can then file a lien with the courts.
How do you collect on a promissory note from someone who died?
You must file a notice of lien with the Probate Court against the assets of the deceased's estate.
If you have a promissory note based on a business loan and you file bankruptcy on that business loan is the promissory note still valid?
Even though you file bankruptcy, you still have to honor the promissory note. If you are ordered to make installment payments then you will have to pay the promissory note in installments.
What happens to a promissory note if the creditor takes title to real property?
Real property can only be encumbered by a mortgage and not by a promissory note. A promissory note has no effect on real property it is only evidence of a loan. If the mortgagee acquires title to the mortgaged property the title merges and the mortgage is extinguished.
Can you foreclose on a promissory note?
A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.
How can i use promissory note to file a complaint or lawsuit against the debtor?
In an action on a promissory note, the promissory note itself is evidence. Give it to your attorney, who is filing the suit, because he will need all the relevant evidence to pursue the lawsuit.
I loaned 15000 and received a promissory note I am told that this is no guarentee that I will get my money back upon sale is it possible to put a lien on the property?
You need legal advice that is particular to your state.First, there is a statute of limitations in your state that governs how long a promissory note is effective. If the note remains unpaid you can bring the matter to court and obtain a judgment if the terms of the note have been breached. If you obtain a judgment in your favor, you can ask the court for a judgment lien that can be recorded in the land records against the debtor's real estate. Once the lien has been recorded the property cannot be sold or refinanced until the debt is paid.It would be worthwhile to invest in a hour with an attorney who can review your situation and explain your options.
If you have signed a promissory note with a five-year repayment term and you file for bankruptcy will you be protected from repayment of the debt?
Unless you committed fraud, the answer under most circumstances, yes. If you pledged any collateral as security for the loan, the creditor's lien on the collateral would survive. The creditor would have 60 days after the meeting of creditors to file an action objecting to your discharge. If the creditor took no action, the debt on the promissory note would be discharged.
How do you enforce a lien against a promissory note 65000 that does not have collateral. BK court abandoned the note as not collectible between the lien holder and creditor. A 3rd party is involved?
Your question answers itself. You cannot enforce a lien "against a promissory note...that does not have any collateral." Not knowing what the 3d person's connection to all this is, I can't say what effect that has on anything. The trustee, not the court, abandoned the note as not collectible. You think the trustee was wrong? Do you know something the trustee doesn't?
Can you be sued for the balance of a promissory note if the property is re sold?
Absolutely. You signed a contract to pay for a loan of money. It doesn't matter whether you still have the property that was purchased with funds from the loan. The promissory note is a contract to pay and is enforceable in court.
Is a caregiver allowed to file mechanic's lien?
A mechanic's lien is a lien to secure the payment of the contract price for labor and materials used in the improvement of real property. A caregiver would not fall into this category. If you are in agreement with the person that owes the money that the money needs to be paid, they just can't afford to do it at this time, you may consider using a promissory note and mortgage to agree to the amount due (note) and secure it (mortgage). There may be other means is your state, but a mechanic's lien is not one of them.
Wording for promissory note?
wording for promissory note with collateral
