Do banks legally have to accept promissory notes?

Do banks legally have to accept promissory notes?

Promissory notes are a valuable legal tool that any individual can use to legally bind another individual to an agreement for purchasing goods or borrowing money. A well-executed promissory note has the full effect of law behind it and is legally binding on both parties.

Are ious legally binding?

An IOU is a document recording a debt and an informal agreement typically to pay someone, though it can be to do something. Without memorializing the debt in a more formal written contract, the IOU is not clearly legally binding, and thus more difficult to enforce.

Who holds the promissory note while it’s being repaid?

lender

Does a promissory note expire?

Under California law written agreements are generally covered by a 4 year statute of limitations. The statue of limitations expires 6 years from the due date. Often a promissory note is due “on demand”. If that’s the case the statute of limitations expires 6 years after the demand.

What is the difference between a note and a deed?

The Note is signed by the people who agree to pay the debt (the people that will be making the mortgage payments). The Deed and the Deed of Trust are signed by those who will own the property that is being mortgaged. The Note itself has virtually nothing to do with the property.

Does the name on the mortgage need to match the deed?

The lender typically has a lien on the house, meaning that the spouse whose name is on the mortgage does not pay, then the bank can foreclose in order to get their money back. It will not matter if your name is on the deed, since it was added to the deed after the home was mortgaged.

What if my name is on the deed but not on the mortgage?

Remember this: regardless of whose name is or is not on the mortgage, if someone does not pay the mortgage, the mortgage holder (the bank, saving & loan, or another lender) can foreclose and take ownership of the realty regardless of whose names are on the deed. …