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Updated almost 6 years ago,
First and Second Lien on Florida Property - Foreclosurer! HELP
I am in a bit of a situation and really looking for some help. The property in question is in Florida.
Here is the situation:
- Fix & flipper (Borrower) pitched me on 09/2017 for a property acquired for $72,000 off market for a fix and flip
- He had a first lien holder that paid the $72,000 as primary lien holder
- I was to provide the rehab loan of $10,000 and would be the second lien holder via a mortgage note. The structure was a $10k principal payment, and I would receive a fee of $1,000 after completion. This should have been paid out 11/2017
- The primary lien holder is frustrated due to long delays (so am I) and has issued a Default Letter to the borrower that he wants to foreclose
- Borrower has said he is willing to do a quit claim deed on the property to relinquish rights
- Primary lien holder is now reaching out to me to ask me to do a quit claim deed and he would pay me $1,000 for that
- Primary lien holder is saying that if he does the foreclosure process, I will be left with nothing since he has precedence
Questions:
- What can I do in this situation? I just would like the best way to get my $10k back. If I do not do the quit claim deed, it will go to foreclosure. If I do the quit claim deed, I get $1,000. Seems like I can just let it go to foreclosure and hope it gets higher than $72,000 so I get paid something.
- If it goes to foreclosure and I do not get anything or part of my investment, can I sue the borrower since the second lien was with him?
- Any other ideas?
I really appreciate any advice! I have the PDF documents that I can share if anyone here is a lawyer and can advise.