Legal Question in Credit and Debt Law in Texas

Default on a Promissory Note

We have an individual that has defaulted on him Promissory Note. He explicitly stated that he would forfeit his vehicle if he did not make his payments. The document is signed, dated and witnessed by two other individuals. Can we have a wrecker service go pick up the vehicle? If so, do we have to send him certified mail informing him of this?


Asked on 7/03/07, 2:43 pm

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Default on a Promissory Note

You are talking about an area of law known as Secured Transactions. The only way that I know of to lien a motor vehicle in Texas is to have your name on the Certificate of Title as a Lien Holder. Without this, you do not have a perfected security interest. A security interest, in Texas, is basically your rights in certain objects until some agreement is fulfilled. The classic example would be your mortgage or the appliance you purchased from Sears that Sears can pick up if you miss your payments. There are many ways to "perfect" or make official, your security interest. In this instance, I do not believe you did so. That said, I do believe that there are things that can be done to help you that may result in your recovering your losses. Ryan B. Bormaster, in my office, handles this type of thing all the time. He usually does not charge for consultations and it is his advise I have just given you above. His assistant is Carrie Smith and she can be contacted via email at "[email protected]". She can get you an appointment or telephone consult with Mr. Bormaster. Good luck.

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Answered on 7/15/07, 8:07 pm


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