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Updated about 10 years ago,
Technical Question for HML's
Is there an industry standard for serving a notice on a "non-monetary default" in a hard money loan?
A private hard money lender and I have agreed to business terms on a loan, and our attorneys are on opposite sides with one of the legal terms relating to serving notice on a non-monetary default.
My attorney's concern is that worst case is that we can be foreclosed on if there is a "minor" breach of the contract and lose the property for something that can easily be cured had we known about it.
The Lender's attorney said we will have time to cure a loan even if we are being foreclosed on, and he does not want to be bothered with serving default notices.
The Lender and I are both okay moving forward with the "industry standard". Can any lenders/borrowers can chime in on their experience?
Thanks in advance.