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pertains to a promissory note not being paid - for 2 years now

MissouriCollectionsPreliminary Notice

Hi , Thanks we need or looking for a lien to put on the default parties home for a promissory note that hasn't been paid in 2 years do you have lien language in a document relating to a promissory note not paid and we can then place a lien on their home or business in the state of Arkansas that is not related to construction, materials etc.... or is this for construction only -- advise Dr Tony

2 replies

Dec 10, 2020

I have not seen the Promissory Note. However from the description it is likely "unsecured," meaning it is not collateralized like a mortgage. The Promissory Note may be sued upon. The resulting Judgment will be a lien on real estate in the county of rendition. The Judgment may be recorded as a lien on real estate in other MO counties. The MO Judgment may also be authenticated, registered and enforced in Arkansas. Garry Seltzer (mechliens@prodigy.net)

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Dec 24, 2020
Ok thanks Garry, is it possible just to go ahead file a lien without a judgment on their home in Ark. to protect the note so when they move for a loan or a sale of their property our lien will be in place to be paid?! thanks, we did this to the same party on a Florida property in the Fort Walton Beach courts they owned, back in 2008, -- unfortunately in the real estate crunch back then they short sale the property since it was upside down, but it did work since I had to release the lien for them to sell it, so we want to do the same thing on their Ark property in the county courts there.-- Dr Tony
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