- 29 - both, parties fail or refuse to execute a mortgage in favor of my client, I have been instructed to commence an appropriate action in Multnomah County Circuit Court to obtain and foreclose its interest in the Property so as to secure its loan to the borrower. Please advise me, within seven days of the date of this letter, whether your respective client will agree to execute a standard form of real property mortgage in favor of my client. If I do not have such commitment within this time, I will have no alternative but to declare the Loan Agreement in default and commence a lawsuit to enforce my client’s rights. Mr. Seymour never spoke with the solicitors, Mr. Seki, or anyone else from NCPL. On June 1, 2001, Mr. Seymour mailed and faxed a letter to the solicitors stating: Dear Sir: I have now had a telephone conference with Mr. Eric Larson, attorney for Mr. Ronald Talmage in the divorce proceeding. Mr. Larson first asked me whether I would be filing a lawsuit on behalf of New Century Properties Limited. I told him that I was prepared to file a lawsuit if I had to; however, I would prefer that Mrs. Talmage agree to execute the mortgage without the necessity of a lawsuit. Mr. Larson advised me that the divorce case was set for a settlement conference with the judge next Wednesday, June 6, 2001. He told me that the threat of a lawsuit by New Century Properties Limited would probably help settle this divorce case. He also told me that he hoped that the terms of the settlement would include an award of the Corbett property to his client. If that were to happen, his client would cooperate and sign a mortgage. This would certainly facilitate the resolution of this matter. Mr. Larson promised to advise me of the results of the settlement conference. I intend to serve Notice of Default of the Loan Agreement terms on Tuesday, June 5, 2001, unless I have agreements from both parties thatPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: March 27, 2008