Legal Question in Real Estate Law in Hawaii
unsecured loans relative to real estate
I loaned $6000 to someone to stop a next-day foreclosure. I took cash and Western Union'd it directly to the mortgage company, and the trustee sale was stopped. The person promised to pay me the $6000 and will not pay now.
What rights do I have, if any?
Second question:
I loaned $3300 to a person to bring a mortgage current, and WU'd the funds direct to the mortgage company; a year later, I loaned an additional $3300 to the person to complete construction of a retaining wall, and I paid the concrete company directly, and the grout contractor directly. The person has repaid me $2250, and refuses to pay any more or sign a promissory note.
What rights do I have, if any?
1 Answer from Attorneys
Re: unsecured loans relative to real estate
You are in a bad position on both loans because you are unsecured. However, you can still file a suit using cancelled checks, etc. as evidence of your loan especially if the loans were to be paid back within one year. You need to send a CERTIFIED letter to the #2 loan immediately stating that the $2250.00 does not satisfy the loan and is NOT "accord and satisfaction" and that they owe the remainder. Also send a CERTIFIED LETTER to the #1 loan stating that they have 10 days to pay you back or you will sue -- Then go file for both in Small Claims Court -- No Attorneys Necessary for claims under $20,000.00. Aloha, Jon A. Zahaby
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