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    My wife's family borrowed over $100,000 to help out with their farm. It was against my better judgement to loan them this money, but it's too late now. So they took this money, essentially wasted it and now they're more or less going to lose the farm. They're trying to sell it, but it looks like it's too late for that. Last month, the bank refused to renew their commercial loan and it looks like they're about to foreclose. Am I basically S.O.L. now? Or do I still have a chance to put a lien against the property to get my money back? I have a feeling that if I want to get my money, or at least some of it, they have to file for bankruptcy first. But isn't it too late for that? I'm looking at talking to a lawyer, but I'd just like some idea of how this works. I don't want to spend the money and then have the guy tell me there's nothing I can do. Thank you!

    You should go see a lawyer immediately, but I want to answer your question. I am not sure what state you are located in and your state may have very specific steps for liens and foreclosures. But I will explain the process in general terms. BTW, you used the term "lien". Generally, you are only entitled to a lien on a property once you have a judgment. I assume that you have not sued the family for the $100K. So, what you have is a mortgage. You can record your mortgage now. Recording a mortgage is like recording a deed. Hopefully you have a loan agreement and your loan agreement specifically states that the property is collateral. Otherwise, you are an unsecured creditor (like a credit card) and you can only sue in court to get your money back. Assuming you have a mortgage (an not an unsecured creditor), your mortgage will come second to the bank's mortgage, because you recorded it second. If the bank forecloses and wins in court, the next step is the property will be sold at a Sheriff sale to pay the judgment. As long as you lodge notice as an outstanding creditor, and the sale generates enough money to satisfy the first mortgage (the bank), then you will receive whatever is left over to satisfy your mortgage. I am also assuming that the property does not have other liens and the family has paid all taxes. The family at any time can file for bankruptcy. This will halt any lawsuit or foreclosure proceedings. If they file bankruptcy, make sure you file a Notice with the Bankruptcy Court to be listed as a creditor. You will need to attach proof that the family is legally obligated to repay the $100K. It's a pretty complicated process and you must act quickly to protect your rights. First, talk to your wife. You will need her to back-up your story that the $100K was a loan, and not a gift. Then talk to an attorney. Good luck. Sharmil McKee Business Attorney Philadelphia, Cairo www.mckeeoffice.com

    At this site you can find solutions from different companies: QUOTESDEAL.NET- RE How does business foreclosure affect a lien? My wife's family borrowed over $100,000 to help out with their farm. It was against my better judgement to loan them this money, but it's too late now. So they took this money, essentially wasted it and now they're more or less going to lose the farm. They're trying to sell it, but it looks like it's too late for that. Last month, the bank refused to renew their commercial loan and it looks like they're about to foreclose. Am I basically S.O.L. now? Or do I still have a chance to put a lien against the property to get my money back? I have a feeling that if I want to get my money, or at least some of it, they have to file for bankruptcy first. But isn't it too late for that? I'm looking at talking to a lawyer, but I'd just like some idea of how this works. I don't want to spend the money and then have the guy tell me there's nothing I can do. Thank you!

    Put a lien against the property and then go immediately to see a lawyer! As a lien holder, you'll at least stand a chance of getting something once the bank gets theirs - do it fast because I'm certain their creditors are watching what will happen too. The closer your lien is to the banks, the better chance you stand of getting something...may not be half your $100,000 but you'll be on the list (right behind those with collateral loans). Do the lien, and most lawyers give you an hour freebie. If he suggests a lien, then that's one step you've already taken care of. As for anything else you can do? Probably not.

    GO SEE THE LAWYER... That is about the only thing that I can think will be the best idea. Once the bank forecloses on it then they are trying to get the money the BANK put out for it. I really hope that you have a contract with them for it! You might be able to get it back if they file for bankruptcy, you have a contract as a creditor but I think you are screwed on that. How are they going to pay it back if they don't have the farm any more as collateral? That is a lot of money to pay back. Honestly, go talk to a lawyer and you might be able to get the lawyer fees back if you put it against the money they owe you. Don't know 100% but that is the only way I would go about it.

Looking to buy my first home. Help?

  • Dimitri Koelpin
    Dimitri Koelpin
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  • Eleazar Rodriguez
    Eleazar Rodriguez
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  • Candida Powlowski
    Candida Powlowski
  • Clementina Kunde
    Clementina Kunde
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  • Holden Schultz
    Holden Schultz
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    Sebastian Green
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