Get CO NTD 81-5-04

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.

Default on Secured Debt If you have secured debt, you signed an agreement saying that your lender can take your property if you refuse to pay under the terms of the promissory note. ... If you do not pay under the terms of the promissory note, the dealership has the right to send someone to repossess the car.

Roger Thomas Dunaway. A promissory note (if properly written) is a legally binding document. It can either be secured (i.e; Deed of Trust encumbering real property) or unsecured. If the promissory note is unsecured, it may be harder to get paid in the event of default.

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.

Depending on which state you live in, the statute of limitations with regard to promissory notes can vary from three to 15 years.

The more frequently the interest is calculated, the more interest the Borrower will end up paying to the Lender. The balance owing in a demand promissory note does not need to be paid until the Lender demands to be repaid. ... At the end of the term, the Borrower must repay the outstanding balance of the note.

Enforcing a Promissory Note The unsecured promissory note form does not promise to turn over any assets to the lender if there is a default, so the lender is left to pursue other avenues to seek remedy for the breach of contract.

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.

Default on Secured Debt If you have secured debt, you signed an agreement saying that your lender can take your property if you refuse to pay under the terms of the promissory note. ... If you do not pay under the terms of the promissory note, the dealership has the right to send someone to repossess the car.

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.

Promissory notes may also be referred to as an IOU, a loan agreement, or just a note. It's a legal lending document that says the borrower promises to repay to the lender a certain amount of money in a certain time frame. This kind of document is legally enforceable and creates a legal obligation to repay the loan.

A promissory note (if properly written) is a legally binding document. It can either be secured (i.e; Deed of Trust encumbering real property) or unsecured. If the promissory note is unsecured, it may be harder to get paid in the event of default...

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.

Promissory notes are not usually recorded. They are enforceable even if they are not recorded. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.

In general, at least the borrower should sign the promissory note. Depending how much the parties trust each other, you may also wish to have the lender sign as well AND get the signatures notarized.