They are going out of business and they have a 75k loan with a bank and the bank is calling their loan and are going to seize the assets of the company. They have a contract and i don't. I just have a verbal but i can show where this company deposited my 100k 4tys ago and have been making me monthly interest only payments for for yrs. How can i lien them and be in !st position for their assets since my loan has been with the company 1st.?
You need the assistance of a good attorney.
Because your loan wasn't in writing, you may not be able to sue for performance for a couple of reasons. Most importantly, the statute of limitations on oral agreements is usually three years. You're beyond that by a year. The payment stream, however, may afford you some additional options since it would appear to ratify the loan, and extend performance to a more recent date.
You need to act quickly if you have any hope of recovery. Good luck.