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In order for a promissory note to be valid and legally binding, it needs to include specific information. "A promissory note should include details including the amount loaned, the repayment schedule and whether it is secured or unsecured," says Wheeler.
What Happens When a Promissory Note Is Not Paid? Promissory notes are legally binding documents. Someone who fails to repay a loan detailed in a promissory note can lose an asset that secures the loan, such as a home, or face other actions.
Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.
Promissory notes are legally binding whether the note is secured by collateral or based only on the promise of repayment. If you lend money to someone who defaults on a promissory note and does not repay, you can legally possess any property that individual promised as collateral.
A promissory note is not the same as a contract. A contract details all the terms of a legal agreement. A promissory note covers only the following: The date by when someone needs to be paid.
The Massachusetts sales tax is imposed only on sales of tangible personal property. See G.L. C. 64H, § 2. The Supreme Judicial Court held that if a mobile home acquires the characteristics of a conventional home, the mobile home ceases to be tangible personal property and becomes real estate.
Even if you have the original note, it may be void if it was not written correctly. If the person you're trying to collect from didn't sign it and yes, this happens the note is void. It may also become void if it failed some other law, for example, if it was charging an illegally high rate of interest.
Characteristics of promissory note:It is a written legal document. There must be a clear, point to point and unconditional promise of paying a certain amount to a specified person. It should be drawn and signed by the maker. It should be stamped properly. It specifically identifies the name of the maker and payee.
Acceptance is not an essential requirement of a valid promissory note.
Circumstances for Release of a Promissory Note The debt owed on a promissory note either can be paid off, or the noteholder can forgive the debt even if it has not been fully paid. In either case, a release of promissory note needs to be signed by the noteholder.