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Anyone lending money (like home sellers, credit unions, mortgage lenders and banks, for instance) can issue a promissory note. But specific to real estate and the mortgage process, promissory notes serve as an agreement that the borrower will repay their mortgage loan by the maturity date.
A Texas promissory note template is a document that records the major details regarding a money lending transaction between a lender and a borrower. The documents are signed by all parties involved as well as a witness to give it legal validity.
Promissory notes do not need to be notarized. The borrower only needs to sign the document to make it legally enforceable. A witness may be helpful if one party contests the note, but a notary is not necessary.
If a promissory note is not signed, it will be up to the court to determine the contract's enforceability based on all the facts and documents involved. A contract requires a knowing acceptance of the terms it contains. Acceptance is typically made by the parties signing the contract.
The promissory note could be declared invalid if it doesn't reveal the amount that the borrower owes the lender, or what installments are due. If there are multiple installments, then include each installment's due date.