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Unlike a mortgage or deed of trust, the promissory note is not recorded in the county land records. The lender holds the promissory note while the loan is outstanding. When the loan is fully paid off, the note will be marked as paid in full and returned to the borrower.
Promissory notes are not usually recorded. They are enforceable even if they are not recorded.
A promissory note is a type of negotiable instrument that's similar to a common law contract. Basically, it is a promise to pay a certain amount to the holder of the note, according to certain terms, and by a certain date. ... First, however, you must be able to prove that the promissory note is valid.
Executing the promissory note is what makes it legal. Banks often have the promissory note notarized and signed by a witness or two. ... Either way, as long as all parties sign the document with legal authority to do so, the promissory note is executed and legally binding.
In essence, a promissory note is an agreement listing what is being borrowed, from whom and when repayment will be made. The agreement is then signed and frequently notarized, and then the lender will hold the note until the debt is repaid. In many cases, the lender requires some form of collateral to secure the loan.
Most promissory notes must be registered as securities with the SEC and the states in which they're being sold. But remember that some promissory notes, such as those that have nine-month or shorter terms, may be exempt. That means that they don't have to be registered.
Promissory Notes are legally binding. They do not have to be notarized but it does make them look more substantial which never hurts.
In order for a contract to be enforceable, it must contain certain legal conditions such as an offer and an acceptance of that offer. ... When all of these conditions are addressed in the promissory note details and it is signed by both parties, the promissory note meets all the elements of a legally binding contract.
When a legal action on a promissory note is enforced, the judgment allows the attachment of assets belonging to the debtor. This action usually takes two or three years to get through the courts. If the promissory note included an arbitration clause, the matter will take three to six months to resolve.
Generally, promissory notes do not need to be notarized. Typically, legally enforceable promissory notes must be signed by individuals and contain unconditional promises to pay specific amounts of money. Generally, they also state due dates for payment and an agreed-upon interest rate.
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