It would be best to keep the promissory note, ask for a release, or receipt of payment in full and, if there is any question in your mind regarding future issues, copies of the checks you used to pay the debt. If you paid cash, definitely get the release.
No, a lender is not required to sign a promissory note. The primary purpose of the note is to establish the borrower's promise to repay the loan, while the lender's acceptance of the loan terms is typically indicated by providing the funds or executing a loan agreement. However, it is common practice for lenders to sign the note as a form of acknowledgment or to formalize the transaction.
Most lenders do not require the promissory note to be notarized. The deed of trust, however, is usually required to be notarized.
Satisfied in what manner?
Yes, promissory notes can be legally binding even if not notarized. Notarization is not typically required for a promissory note to be enforceable, as long as the essential elements of a contract are present and the parties consent to the terms.
Yes, a debtor is required to list all liabilities (i.e. debts)
Perfecting a security interest means that you have taken all the necessary legal steps and filed all the required papers to establish a lien against someone's property. If you borrow money against your house and sign a promissory note, the lender's security interest is perfected when the mortage or deed of trust is recorded.
A promissory note is defined as an instrument in writing (not being a bank note or a currency note), containing an unconditional undertaking signed by the maker, to pay a certain sum of money only to or to the order of a certain person, or to the bearer of the instrument.
They have to establish if you are credit worthy
Your not suppose to just write a promissory note, unless your an attorney whose familiar with the local laws and information required. Thanks to the internet, theirs now a whole industry of lawyers that just prepare legal forms, like promissory note forms, that meet our state's requirements. A good example of what I'm talking about is the website www.LegalFormsBank.Biz - you'll be able to download your state's compliant promissory note form then you can fill it out on your PC and then follow the instructions on how to file it.
The mortgage co. has so many days required by law to respond to the request in writing to establish the pay-off amount of mortgage note with validation if they fail to do so they are in serious violation of statute and are at risk for fines an/or penalities by the state licencing board, etc.! If one party promises to excuse the other party from their duties, but then goes back on this promise in a unfair way, the court may allow this following the equitable doctrine of promissory estoppel, established in the case of Central London Property trust v High Trees House (1949).
The following are the main differences between a Bill of Exchange and a Promissory Note:A Bill of Exchange is an unconditional order to pay money, whereas a promissory note is an unconditional undertaking or promise to pay money to a certain person.In a Bill of Exchange, there are three parties, viz., the drawer, the drawee and the payee. In a Promissory Note, there are only two parties, viz., the Maker and the Payee.In case of usance (Time) bill, acceptance of the bill is necessary, whereas in a promissory note no such acceptance is required.While foreign bill of exchange is drawn in sets of three, foreign promissory note requires no such sets.In case a foreign bill of exchange is is dishonoured, protesting is compulsory. But when a foreign promissory note is dishonoured, no protesting is required.In case a bill of exchange is dishonoured, a notice of dishonour is required to be given by the holder to the maker of the bill (= drawer). However, in case a promissory note is dishonoured, no notice of dishonour is required to be given by the holder of the maker of the promissory instrument.The liability of the drawer (= maker) of a bill of exchange is secondary, whereas, the liability of the maker of a promissory note is primary.A bill of exchange is drawn for financing trade, whereas, the liability of the maker of is a promissory note is primary.When a bill of exchange is made payable to the bearer, it is not considered as illegal. But a Promissory Note, which does not contain the payee's name, but states that it is payable to bearer, it becomes illegal.In a bill of exchange, the drawee can put conditions subject he will accept the bill. but in a promissory note a maker cannot put any conditions on it.M.J. SUBRAMANYAM, BANGALORE
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