Legal Question in Real Estate Law in Iowa

My ex-husband and I were given a loan to help purchase a home that I am now living in. He abandoned me and the home. The friends that loaned us the money now want me to pay all of the loan back. I agreed to pay half if they provided a signed statement that they agreed to accept this as full payment from me, but they refused acceptance of that. They have had an attorney write a threatening letter. The letter states that I should make contact with the attorney within 1 week or he has been advised to proceed with litigation procedures We have no contract or signed papers of any kind. How should I proceed? .


Asked on 2/23/10, 12:49 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Interesting. Since there was no mortgage signed, there is currently no lien against your home. The only way they can proceed is to sue you, or enter into some sort of agreed payment arrangement. Even then, since this is your residence, it is unlikely a successful lawsuit will resulting in them obtaining a lien against the real estate. They may be able to garnish your wages, bank accounts, or other non-exempt property. If the amount is significant enough, bankruptcy might be an option. On the other hand, these people were nice enough to loan you money without anything in writing, so defaulting entirely probably is not good karma.

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Answered on 3/01/10, 7:21 am


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