Debts and Credit
What type of promissory note is needed for a family loan?
I have loaned a family member 150,000 terms: 7/03/09 loan interest only @8%. March 2010 to pay minimum of $75,000 based on a 2 year loan.What is name of promissory form required. This loan is signature only loan.
How can I prevent my loan from being time-barred?
All parties described herein are California residents and all of the following transaction occurred in California.On April 25, 2006, I lent a substantial sum of money to an individual (the 'borrower') with whom I've done business for many years. On the same date, the borrower executed a promissory note in which he agreed to repay the amount in 60 equal payments over five years at 15% interest per annum. This note was secured by a second deed of trust on real property owned by the borrower.On March 19, 2007, borrower defaulted on the payment of the aforesaid debt, and has not made any payment since that date.Due to the economic downturn, the borrower has lost all of his assets and is essentially 'judgment proof' at this time. There is a four-year statute of limitations on actions on a promissory note as described above under Section 337 of the California Code of Civil Procedure (the 'Code'). I believe the limitations period began to run on the date of default (although I have read one editorial explanation that the limitations period began on the date the note was executed). My question: Given the fact that an action to enforce the terms of the aforesaid note and recover the balance of the debt owed to me would, at this time, be futile, how best can I assure that a future action to do so does not become time-barred under the statute of limitations?The aforesaid loan was a recourse loan and, because I did not seek to foreclose on the second trust deed or otherwise seek to enforce my security interest, said loan was not transformed into a non-recourse loan under Section 580(b) of the Code. The borrower has
agreed to execute another promissory note for the balance at this time.
Can I pursue my ex-spouse for a defaulted promissory note in California?
In California, do I have any recourse if an ex-spouse decides to renege on a Promissory Note that was issued for unpaid community interest and is secured by the property we once owned jointly? Specifically, I'm in a 3rd position behind two mortgages. Does the fact that my Promissory Note was approved by a judge (unlike the two mortgages in front of me) allow me to seek a judgment to go after other possible sources of cash such as a 401K, IRA or wages?
Does a Maryland Circuit Court judgment take priority over a bank line of credit?
Does a judgement filed by the Circuit Court of Maryland take priority over a line of credit given to the owner of property by a bank? Situation: Home has no mortgage is assessed a $130,000 by county. Has a line of credit for $100,000 which has been used to limit. Therefore only $30,000 equity remains. I need to use property as collateral for a bond of $75,000. If the Circuit Court judgement is priority over the line of credit then it can be used as collateral if it does not take priority then property cannot be used. I am trying to get my partner out of jail if the priority is there please quote or email me the basis for this priority.
Do I Need to Provide Employment Information to Settle A Credit Card Debt?
I am in negotiation with a legal collection agency regarding a credit card debt. They will not negotiate with me until they get my employment information. I have been served a summons and trying to settle out of court.I am out of time they will not lower the balance will accept 25% down and 25% monthly payments interest at 23% but I have to give them my employer info first. Do I gives this info or go to court?