Legal Question in Real Estate Law in Texas

I bought a house a year ago, and the realtor(or county I don't really know how it works) had to make a promisary note for the seller because he did not have enough money to close on the house. He is to pay us a total of $5600. The promisary note states to pay on the first of each month $307 until the total amount is paid off in February 2011. He has paid every month, late, until April, so he owes April, May and June. The note states to give him a 10 day notice of late payment. It says that I can take him to court otherwise and that he has to pay for my lawyer and court costs. He did write a letter saying he go laid off in March, but have not heard from him ever since, and we can only contact him through a mailing address, no phone or any other way. Am I supposed to take him to court right away or wait till February 2011??


Asked on 6/07/10, 5:55 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Take him to court right away. He is in default.

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Answered on 6/08/10, 5:59 am


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