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Assignment of Rent Agreement - How is it beneficial?

What does an assignment of rent mean & when would it be used.

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi catfish,

Welcome to MortgageFit Forums.

Assignment of rent means redirection of rental income from the mortgage property to the lender in the event of any default.

It indicates the assignment of the rents from the mortgaged property by the borrower as additional security for the debt secured by the lender. It can be included in the mortgage or in a separate document.

A lender is entitled rights to appoint a receiver to enforce assignment of rents when a default occurs.

Hope this information helps. Feel free to ask if you have any more doubts.

God bless you.

For MortgageFit,
Samantha

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blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi catfish,

It can be treated as an additional security to the lender in case of any default on the borrower's part.

The borrower authorizes the lender to collect the rent on his behalf from the mortgaged property in case of default in payments.

Regards,
Blue

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi catfish,

The Assignment of rent is an agreement which can be treated as a security of a loan. Through this deed the borrower allows the lender to realize the rents till the realization of loans is made in full.

James Hogg

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If the borrower is in default, has does the lender enforce the assignmeng of rents and begin collecting the rents directly from the property's renter?

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Jessica's picture
Jessica | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sheila,

Most probably the lender can collect the rents. You need to check the assignment of rent papers as to what are the consequences when a borrower defaults. If the papers don't state anything regarding this situation, then the lender has to seek court permission before collecting the rent.

Regards,

Jessica.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

In general, in an assignment of rent agreement, the lender has the right to collect the rents due till the end of the Lease period. The lender starts exercising this right to collect rent only when the borrower defaults.

Upon full payment of debt, the borrower receives a satisfaction or discharge of security instrument executed by the lender. The assignment of rent then becomes null and void.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

A unsecured debt that I defaulted on has won assignment of rents from my rental property. can this be stopped by filing a chapter 13?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

jamie, that is a question best asked of a bankruptcy attorney.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How does the mortgage company begin collecting the rents, do they have to send notice to all tenants and to the defaulted borrower? If there are provisions in the Assignment of Rents document that state no court appointed receiver is needed, how do they begin collecting?

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I guess the mortgage company sends notices to all tenants and the borrower in default.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

What can happen if the tenant doesn't want to pay the lender after receiving the notice ?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i think it's pretty clear what will happen to a tenant who refuses to pay - eviction.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

after how many days or month of default the bank start the procedure to do assignment of rent?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi marinq!

The bank will sign the agreement of assignment of rent once you get a tenant for the property.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my brother has a lis pendens on our fathers property what can be done

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi tom b.!

There is a document known as "Withdrawl of Notice of Pending Action" which has to be executed by the party who filed the original lis pendens. Then that has to be recorded at the county recorder's office. This will help in removing the pending lawsuit.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

alender who demands and is paid an eronous amount on the payoff of a recourse loan can whata/

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome supergoalie,

In a recourse loan, a lender can come after you for any excess amount of money you owe. So if you have been late on payments, the lender can come after you and charge you extra amount.

It will be easier for me to answer your query if you can give further details about your situation.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

What should a tenant do if an assignment and possible foreclosure is happening and they are not informed by any parties involved? If the lease is up adn a month-month has been signed should they just leave or deal with the fact that they are being lied to and the rent is being unjustly increased?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I meant a month-tomonth has NOT been signed yet.

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi D

Has the property been sold at the auction? As far as I know, the laws regarding the rights of the tenants in case of foreclosure may vary from state to state. You can contact the lender and check with him if he will allow the tenants to stay in the property. If you have an agreement with the landlord, then you can check the clauses as to what you can do if the property forecloses. You can even contact an attorney and check out what steps you can take against the landlord.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Someone other than the listed property owner tells me to make out the checks to him because he's the owner. The name on the Summons is NOT his. The Assignment of Rents says that once owner is notified of default that rent should be made out to the Lender or Lenders agents. I have not heard from the bank. Lease has expired. Do I pay rent at all??? please help

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tash,

As the lease has expired, didn't you renew the lease with the landlord? In my opinion. you will have to contact your landlord and check with him first. If you cannot contact the lender, then it will be better if you can contact the lender or the lender's agent. As the lease agreement has expired, then you will not be legally obliged to pay the rent. However, if you want to continue living in the property, then it will be better if you can sign a new lease agreement.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thank you so much for answering Niicss. :-) No I didn't renew the lease due to the fact that I was served the summons about the foreclosure. It's along story but in short the area was bought by an investment company that went bad. Money was not going where it should have, due to poor managment. I recieved a letter in the mail telling me to send my rent checks to "the man" who claimed in the letter that is the owner of the house. The papers show another name as the owner. He shows up and ask me to write a check (which i did NOT.) I want to know if I'm doing the right thing by not sending the money. The 1-4 Family Rider (assignment of rents) says that if the owner falls into default that the Lender shall recieve rents from tenant upon written request once the borrower as been notified the owner of the default. Now I am planning on moving as soon as possible and I haven't gotten anything from the bank. If the real owner contacts me, never met him, do I pay him?? I'm sorry for being so long I'm just worried and confused. They don't even have my old lease and they have records that are incorrect about the # of payments that have made.
To make matters worst they assigned a tenant to manage the area and he as no idea about how many houses are in foreclosure. He is still renting houses that are close to auction. One couple recieved a note on their door to leave in 5-7 days, they'd just moved in two months prior. Is that legal?
Again sorry for being to long.......

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tash,

As you haven't signed a new lease agreement with the landlord, I don't think you are liable to pay the rent to the property. But if you intend to stay in the property, then it will be better if you pay off the dues. However, for doing this, you need to draw a new lease agreement. If you do not intend to stay in the property, then it will be better if you could move out of it as soon as possible.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How long does the assignment of rent go on, say the owner gets a notice of default and I am forced to pay the bank directly as a tenant under the assignment of rent. Does the bank continue to accept payment from me for the life of the loan or do they still proceed with foreclosure actions.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As far as I know, the bank will proceed with the foreclosure actions and you will have to leave the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We rent for our business, about 1100 square feet. The building owner is walking away and is going to file bankruptcy. The lender wants my rent check but will not maintain the building. The lender said that maintenace is the owners responsibility. What can I do?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I should have mentioned I have 2 years left on a lease.

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

I believe you are the tenant and the owner of the building is walking away. The lender now wants you to pay the rent to them. As the owner has walked away, the lender can ask you to pay the rent check to them to recover the loan amount, but this is true that they won't be maintainig the building. It's solely the owner's responsibility. I think it would be worth your while to get the lease contract reviewed by an attorney and see what rights you're entitled to in this situation.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what does a Substitution of Trustee mean? the house i'm renting is in a pre foreclosure status.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what does bond process server mean?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We are a renter in a business building running a restaruant. The owner is in default on his loan and has been in foreclosure for 2 years. The mortgage company has exercised their Assignment of Rents clause and we are paying them directly. The owner who is in default is now trying to evict us for non payment to him and has threatened to change the locks. What is our recourse?

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

To roman,

The mortgage company could exercise the assignment of rent clause because the owner had signed on such an agreement with the company. Now, when he signed on the agreement, he knew that if he dafaults on the loan the mortgage company would collect the rent on his behalf to recover the loan. Thus, the owner does not have any right to evict you for non-payment to him. You can consult a lawyer regarding this. But I believe he cannot do anything but threaten you to change the locks.

Hi

To kissmytat,

A substitution of trustee is a written document that replaces the current trustee in the deed of trust and appoints a successor trustee. This is validated by a notary public and recorded with the county recorders office. This is filed prior to the filing of a notice of default during the pre-foreclosure process.

Service of process is the process of delivering the summons, complaints and other legal documents to the individual to whom the document is directed. A legal process server is an individual who delivers/serves these legal documents to the individual involved in a court case.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Where do I file an assignement of rents and leases in Texas?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tulsa,

It is often included within the mortgage agreement. The lender can also prepare a separate agreement for the assignment of rent and have it signed by the borrower whereby he authorizes the lender to collect the rent on his behalf if he defaults. So, if it is not included within the current agreement, you should get a separate agreement drafted by an attorney.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm wondering about assignment of rents with the following parameters.

Let's say that the owner is mortgaging a property in new york city listed as a "rent stabilized" building, and the owner provides an assignment of rents and leases to the lender that is entirely false to the known rents and leases currently held by tenants in the building. In fact, the rent stabilization laws prevent this assignment of rents from being lawfully reached for over a century in some cases. The lender does not check the assignment of rents against the actual rents and awards the mortgage to the owner.

Is this mortgage fraud? Or is the assignment of rent agreement some arbitrarily determined sum that would satisfy the mortgage in the case of default?

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

If the owner provides an assignment of rents ans leases that is entirely false, it'll surely be considered as a fraud and legal actions ca be taken agianst the owner. However, as far as I'm aware of, the lender gives the owner of the property an agreement for assignment of rent which the owner has to sign, and this agreement is often included in the mortgage agreement.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks Savior70, that's interesting.

It seems like a responsible lender would find out what the actual rents and leases are in the building and base the assignment of rents agreement on them. Is that true?

In the case of default, how can the lender expect to legally nullify existing leases and municipal rent stabilization laws to obtain assignment of rents agreed upon in the mortgage?

By the lender dictating the assignment of rents agreement, wouldn't that imply some law exists to enforce their collection if the owner defaults?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Mr. Snoopy,

You are right in saying a responsible lender would indeed find out the actual rents and leases and base the assignment of rents accordingly. As far as I know, rent stabilization regulations are meant to help tenants by restricting the sharp rise in rents. It does not prevent the assignment of rent. The lender, thus, does not need to nullify the rent stabilization laws. When the owner signs the rent assignment agreement, he gives the lender the legal rights to collect the rents directly from the tenants, in case he defaults on the loan.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm new to this forum, so forgive me if my question is answered elsewhere. I have the tenants from hell living in a rental house behind me. They have a pit bull that has terrorized us for 3 years (we had to install a newer, more secure fence) and teenage children that have shot our house with pellet guns and harass us when we're in the backyard. We're filing a petition with the city about the dog and the police have advised us to file a restraining order against the family. We were relieved to learn last week that the property is in pre-foreclosure. However, there is an assignment of rents filed with the city. What happens to the tenants after the foreclosure? Will the be evicted after the property is auctioned? And this may be the wrong forum again, but do we have rights to request the mortgage company (Countryside) to evict the tenants. Thanks in advance for the response.

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eric1's picture
eric1 | Joined: January 4, 2009 03:52 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

It is definitely the wrong forum, however you already contacted the police which is good. Continue to call the police for every small infraction.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Does an Assignment of Rents apply ONLY if a loan is in default? For instance, if money is borrowed from a private party and an Assignment of Rents is involved: 1) Can I rent out my mortgaged property; 2) Collect and keep the rent money, and/or; 3) Have the rent money applied toward the original mortgage loan ... as long as I do not default on my mortgage payment? Would the rent collected have to go to the private party as payments toward the money borrowed from them because of the Assignment of Rents? Can the private party prevent me from renting out my property?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Does an Assignment of Rents apply ONLY if a loan is in default? For instance, if money is borrowed from a private party and an Assignment of Rents is involved: 1) Can I rent out my mortgaged property; 2) Collect and keep the rent money, and/or; 3) Have the rent money applied toward the original mortgage loan ... as long as I do not default on my mortgage payment? Would the rent collected have to go to the private party as payments toward the money borrowed from them because of the Assignment of Rents? Can the private party prevent me from renting out my property?

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Realgeni's picture
Realgeni | Joined: April 13, 2009 08:03 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Guest,

Check this out and see if it helps

http://www.mortgagefit.com/discuss/assignment-ofrent.html

Good luck and feel free to ask

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

A guy from the bank came by and said we should begin paying rent to him instead of to the property owner because the bank was exercising its right to assignment of rents. My question: Is there any judicial action needed for them to exercise this right? The Deed of Trust says they can exercise the right if there is a default. But does a court have to rule that there is actually a default, or can the bank just declare that there is a default?

Also, the Deed of Trust has language to the effect that if a tenant (me) pays rent to the bank, he is protected from a claim by the property owner of duplicate payment even if it turns out that the bank had no legitimate grounds to exercise its right to assignment of rents. Am I protected by this language?

Thank you.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

I don't think any judicial action is needed for the lender to exercise its right to assignment of rent. When the owner of the property signed on the mortgage closing documents, he signed on the assignment of rent clause and gave the lender the right to collect rent in case of a default. Thus, if there has been a default the lender will have the right to exercise the assignment of rent clause. Moreover, if the owner has been making the payments on time, why would the lender want to exercise this clause?

I believe you are protected from a claim of duplicate payment. However, there's no alternative to a consultation with a lawyer in this regard. You should also ask the lender to provide adequate evidence in support of their right to collect the rent, before making payment to them.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

What are the consequences if an 'ASSIGNMENT OF RENT AGREEMENT" is in force ( signed and filed almost concurrent with mortgage) and the landlord collects rents and does not pay mortgage with the money, uses the money to pay off personal property and then files bankruptcy. This occurred prior to and after notice of default

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I dont understand what assignment of rent really means I have been living with my dad sense 2004 and still living there and the guy who made out that paper and pussed it through the assessor office is trying to evict me can he do that

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Realgeni's picture
Realgeni | Joined: April 13, 2009 08:03 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

gloria knorr

Welcoem to the forum

Who is this guy?

Is he the lender

Good luck and feel free to ask

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