Colli Real Estate

Promissory note. Defendant served and ignoring it.?

I have a civil complaint filed for breach of contract ~ non-payment of a promissory note. Defendant was served, tried to force me to sign unrelated paperwork he drew up before he said he would pay. I refused knowing his reputation for ”grifting” people. He has since put his house in foreclosure and has left the state. He is ignoring the summons and I suspect he will not show up for the court date in 3 months. I imagine he is hoping or assuming with the foreclosure he will not owe his debts. Would it be appropriate to contact the bank/lender of his foreclosed property of the current court case and impending lien? He is in the process of looking at new property to buy in anther state – so he can’t claim bankruptcy.

File a lis pendens for constructive notice of the suit. With the foreclosure action ongoing, the lender really has no responsibility to you; and their lien is in first position in front of you now; and if it is foreclosed before your judgment, you’ll get no relief from the property as security anyway. Better chance to file a foreign judgment against the new property.

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