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Cons of a promissory note Limited legal recourse: While a promissory note is a legal document, enforcing repayment can be challenging if the borrower defaults. Interest costs: If the promissory note includes interest terms, the borrower will incur additional costs.
Yes, a properly executed promissory note is legally binding. As long as the note contains all necessary elements, is signed by the involved parties, and complies with applicable laws, its enforceable in court if the borrower defaults or fails to meet their obligations.
Different states have unique laws on whether a promissory note must be notarized. In New York, notarization isnt mandated for promissory notes to be enforceable. However, in California, while not explicitly required by law, notarization adds an extra layer of protection and legitimacy.
The notary acts as an impartial witness, verifying the identity of those signing and ensuring they understand what they are signing. Notarization adds a layer of trust and credibility to the document but does not automatically make it legally binding.
But what exactly do you need to write a promissory note? Include their full legal names, addresses, and contact numbersinclude any co-signers if applicable. The terms of this note should specify the amount borrowed, repayment terms (including interest rate, if applicable), and the due date or schedule of payments.
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