Legal Question in Real Estate Law in Nebraska

Mortgage payment

I have loan money to buy home with deed and promisory note of mortgage.Client have wrote mortgage check which is returned for NSF. He have done one before and paid with $25 dollar penalty. This is second time and not replying my calls.

What should I do? Is their any procedure for this?


Asked on 1/21/08, 2:28 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Mortgage payment

There are two things you can do. First, you may go down to the Douglas County Attorney's office, Bad Checks Division, and file criminal charges for writing an insufficient funds check. Of course, if your home buyer goes to jail for writing bad checks, they will be in an even worse position to make future payments. You do not want to threaten home buyer with filing charges; either do it or don't do it, but do not threaten to do it. Second, you may take your note and mortgage to an attorney to see about foreclosing on the mortgage. If you do this, you will get the property back and need to find a new buyer. You may not recover all of the money owed to you and you will need to pay attorney fees and court costs to recover the property. If neither of these options appeal to you at this time, keep trying to contact home buyer until he either pays you or one of the above options sounds more attractive.

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Answered on 1/21/08, 2:53 pm


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