Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Mortgages (https://www.askmehelpdesk.com/forumdisplay.php?f=212)
-   -   Civil Action (https://www.askmehelpdesk.com/showthread.php?t=136211)

  • Oct 2, 2007, 07:51 AM
    mariettamack
    Civil Action
    We Have Signed A Promissory Note To The People That We Got Our Home From.now We Are Behind And They Are Taking Us To Court. What Can Be Done At This Point?
  • Oct 2, 2007, 08:12 AM
    ScottGem
    Pay the bill. Otherwise they can foreclose the note and regain the property.
  • Oct 2, 2007, 10:00 AM
    LisaB4657
    Sorry, Scott, but I have to disagree. If the OP only signed a promissory note and didn't sign a mortgage then the previous owners can only obtain a money judgment. The only way the previous owners can foreclose is if the OP signed a mortgage in addition to a promissory note.
  • Oct 2, 2007, 10:04 AM
    ScottGem
    Whoops, I wasn't thinking that one through. But if they signed a promissory note, isn't there the possibility that they also signed a contract for sale?
  • Oct 2, 2007, 10:06 AM
    LisaB4657
    It sounds like the seller of the property agreed to hold a loan when they sold to the OP. But if the OP only signed a note and not a mortgage then there is no security interest in the property.

    Whether the original contract for sale required that a mortgage be signed doesn't matter. When the closing occurred the contract "merged" with the deed and the terms of the contract no longer have any effect.

  • All times are GMT -7. The time now is 04:52 AM.