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Remove Name Field in the Affidavit Of Lost Promissory Note And Indemnity Agreement

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Aug 6th, 2022

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How to Remove Name Field in 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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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

Is it necessary to have a promissory note?

A promissory note is a key piece of a home loan application and mortgage agreement, ensuring that a borrower agrees to be indebted to a lender for loan repayment. Ultimately, it serves as a necessary piece of the legal puzzle that helps guarantee that sums are repaid in full and in a timely fashion.

What happens if someone doesnt pay a promissory note?

If the borrower does not repay you, your legal recourse could include repossessing any collateral the borrower put up against the note, sending the debt to a collection agency, selling the promissory note (so someone else can try to collect it), or filing a lawsuit against the borrower.

Is a promissory note required?

Promissory notes are legal lending documents. If youre going to lend money to someone, youll need one. Youve also likely signed one in the past, if youve ever taken out a loan.

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.

What happens if the 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.

Who has to write a promissory note?

Any two parties who wish to enter into a loan agreement can draft a promissory note, which states the intention of the lender to loan the borrower a specific amount of money, as well as the terms and conditions for repayment of that loan, to which both parties have agreed.

Can a promissory note be transferred?

Promissory notes are a common type of financial instrument in loan transactions. As the payer of such a note, its important to know that, unless a note expressly stipulates that it is not negotiable, promissory notes are negotiable instruments that can be transferred or assigned by the original payee to a third party.

What happens if you dont have a promissory note?

Without a legally binding promissory note, a financial institution may not have any legal recourse to foreclose on the home or attempt to get their money back. Often, promissory notes are sold (along with mortgages) on the secondary mortgage market.

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