Quote from @Chris Seveney:
@Luke Rentz
I am going through it at the moment, but I am going through it as a lender.
I have had our attorney send the demand letter based on item 18 of the mortgage:
Transfer of the property or beneficial interest in borrower
After the 30 day demand we will file for foreclosure. It’s a non judicial state so sale date will be February / March.
So they either sell it, refinance it or another way to get the $ - I guess the borrower can file bankruptcy but that would be interesting since he gave up his interest in the property.
So we could easily get a motion for relief
Oh that's really interesting - I didn't expect to hear from someone on this side of the process. Are you a commercial lender I'd assume? Did you guys decide to call it due cause you had concerns about the loan, Or just a generally policy you always call all loans due if title changes hands? In this case, what notified you that this had taken place?
2 additional questions:
1 - If someone responded saying that they are putting the home on the market, would you guys still move forward with the foreclosure process? Or if they have a contract to purchase at the end of January? Is the foreclosure process enough of a hassle you'd consider giving that allowance or extra time?
2 - If they deed it back to the original owner, would you guys reverse calling the loan due?
Thanks for sharing!