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How to Hide Arrow to the Affidavit Of Lost Promissory Note And Indemnity Agreement

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welcome to you counsel in todays lecture we will discuss the exchange of affidavit of documents which is a required step in any civil action in Ontario and we will discuss this in the context of rule 76 which is a specific rule that simplifies certain procedures in a civil proceeding in Ontario we begin with our usual disclaimer that this lecture is not legal advice so if you have any specific questions you should contact a lawyer or a paralegal or the Law Society of Ontario for any referrals rule 76 is also called simplified procedures so in contrast to ordinary procedure that covers all other kinds of actions under the rules of civil procedure now we have previously done two videos on rule 76 if you havent watched those I would suggest that you do because those videos deal with some of the basic concepts of rule 76 generally speaking what I can restate today is that rule 76 usually deals with matter of money that are $100,000 or less so if you are suing someone for $100,000 then ru

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How do you secure a loan with real property?

Whenever you borrow money and pledge your home or other real property as collateral, you have received a real estate secured loan. You sign a promissory note evidencing your promise to repay the loan, but you also offer security in the form of real estate to encourage an approval.

What is a promissory note indemnity agreement?

Such an agreement protects the noteholders ability to enforce the loan. An indemnity agreement also alleviates the borrower of all financial liability for executing a new promissory note to replace the one that was lost or damaged.

Can a promissory note be secured?

Promissory notes can be secured using a financing statement, deed of trust, or a mortgage. If a promissory note includes these terms, then it is a secured promissory note. So, the inclusion of collateral is the only real difference between secured promissory notes and unsecured promissory notes.

What is the indemnity of a lost loan note?

A collection of the lenders promises to the borrower, which collectively form the indemnity. The lender is here promising to release all claims that it might have against the borrower relating to the original note. This is another way of saying the original note will no longer be a valid instrument.

How do you secure a promissory note with real property?

Generally, a Secured Promissory Note will be secured using an additional document. If the property being used as collateral is personal property, the Note will be secured using a Security Agreement. If the property being used as collateral is real property, the Note will be secured using a Deed of Trust.

What happens if promissory note is lost?

Even if a promissory note is lost, the legal obliga on to repay the loan remains. The lender has a right to re-establish the note legally as long as it has not sold or transferred the note to another party.

What instrument is used to secure a promissory note on real property?

Borrowers promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the Security Instrument. The Security Instrument protects the Lender from losses, which might result if Borrower defaults under this Note.

How do you secure a promissory note with a property?

Secured promissory notes By assuring that the property attached to the note is of sufficient value to cover the amount of the loan, the payee thus has a guarantee of being repaid. The property that secures a note is called collateral, which can be either real estate or personal property.

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Hide Arrow to the Affidavit Of Lost Promissory Note And Indemnity Agreement