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User Stats

16
Posts
4
Votes

Private lending in land development

Kamlesh Kukreja
Posted Sep 12 2024, 09:45

I did a investment lending to a company for land development project. They offered a 20 % interest premium and 5 % profit sharing (i know too good to be true and there is something wrong). I didn't realize it but they did pay for 2 years (40 % capital returned). They are now not paying interest and the capital. What are my options at this time- specifically Can i place a lien on the land without a court order? there are 2 liens already on the property - bank and a private lender.

What are other recourses

1. Work with them - have tried for the past 9 months. no move yet

2. Legal action- no attorney is willing to take this on? any suggestions would be appreciated.

Thanks

User Stats

254
Posts
73
Votes
Brandon Croucier
Lender
  • Lender
  • Dallas, TX
73
Votes |
254
Posts
Brandon Croucier
Lender
  • Lender
  • Dallas, TX
Replied Sep 12 2024, 10:12

Honestly, if you lent someone money with a handshake and no liens. You are SOL, take it as a learning experience.

User Stats

16
Posts
4
Votes
Kamlesh Kukreja
Replied Sep 12 2024, 11:07

We have a contract but no collateral. Active till the end of this year. 

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User Stats

16
Posts
4
Votes
Kamlesh Kukreja
Replied Sep 12 2024, 11:10

I do understand that I screwed up and am taking it as a learning experience. The learning can keep going as to what can be done in such a situation in future. Thanks

User Stats

254
Posts
73
Votes
Brandon Croucier
Lender
  • Lender
  • Dallas, TX
73
Votes |
254
Posts
Brandon Croucier
Lender
  • Lender
  • Dallas, TX
Replied Sep 12 2024, 12:05
Quote from @Kamlesh Kukreja:

We have a contract but no collateral. Active till the end of this year. 


 Well if you have a contract they are not living up to, then you need to serve them. There has to be a lawyer willing to do it; call every lawyer you can, I bet you can find one!
Best of luck!