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You have a few options. First, I recommend you get an attorney. This is important, even though it may cost a bit. With an experienced attorney you always have options.

Depending on how far behind they are, I would suggest different approaches.

One month behind but still paying:

Try to talk to them even if they are avoiding you. Being one month behind but still making payments is better than nothing at all. Do not go out of your way to be nice, but try and work something out with them.

Several months behind:

If they are repeatedly avoiding you and have fallen very behind, I would suggest commencing foreclosure proceedings against them. This will at least force them to put the house on the market and if not, lose the house to you, at which point you can sell it or lease it out to recover some of your losses.

Think Properties NYC.

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Q: You are carrying the note on a property the home buyer has not made their payment what steps can you take to obtain payment?
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Generally, if there is a debt involved the lien holder can hold the property until the debt is resolved. It is a security interest over property to guarantee payment.


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The buyer's attorney would have a title examination performed prior to the sale. The liens would be disclosed by the title examination. The buyer's attorney would require that the liens be paid before the buyer takes title. You would get the net proceeds after the payment of the liens and any other sums due on the property such as property taxes, utility and municipal services and mortgages.


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