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In Minnesota, a personal promissory note does not necessarily need to be notarized to be legally binding. However, having it notarized can add an extra layer of protection and authenticity. It provides verifiable proof of agreement, which can be beneficial in case of disputes. Consider this option for added security.
A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.
In any event, a promissory note does not have to be notarized to be binding. The private respondents have admitted signing the two notes and they have not succeeded in proving that they did so "under duress, fear and undue influence."
A form of debt instrument, a promissory note represents a written promise on the part of the issuer to pay back another party. A promissory note will include the agreed-upon terms between the two parties, such as the maturity date, principal, interest, and issuer's signature.
A promissory note is used for mortgages, student loans, car loans, business loans, and personal loans between family and friends.
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.
Promissory notes do not bind the lender. As alluded to above, although both documents bind the borrower, only loan agreements also "bind" the lender. That's because the lender also signs a loan agreement, but does not sign a promissory note.
A valid promissory note only needs the signatures of the participating parties involved in the agreement, not necessitating acknowledgment or being witnessed by a notary public to be legitimate.
There is no legal requirement for promissory notes to be notarized in Minnesota. Still, the parties may decide to have the document certified by a notary public for protection in the event of a lawsuit.
At its most basic, a promissory note should include the following things:Date.Name of the lender and borrower.Loan amount.Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral?Payment amount and frequency.Payment due date.Whether the loan has a cosigner, and if so, who.