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Foreclosure Forum |
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Affect of Post-Balloon payments on note(s)In Reply to: nod, Trust Deed acceration after due date where payments where made after maturity posted by jack mollin on April 15, 2008 at 10:27 AM I don't think that you'll find it. I think that, worse case, the beneficiary might have to re-notice the balloon (no less than 90 days or more than 150 days prior to date balloon is due). Since you don't mention your position here, I would guess that you are hopeful extendee, not the lender-extendor. If I'm right, focus on the sufficiency of the noticing, rather than the subsequent acceptance of the money after due date. I think that an argument that relies on your logic can be easily trampled on, as it is neither a modification of the underlying agreement (terms of note) or intended to jeopardize the benefit of the bargain of the cash lender, or purchase money lender. Do you care to spell out your position better here, or were you just looking for free research? Follow Ups:
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