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Does a promissory note have to be docHubd? 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.
Real estate, including homes and commercial property, is commonly used as collateral for loans. Lenders often require collateral to protect themselves in case the borrower defaults, lending a percentage of the dollar value of the asset securing the loan.
What Happens When a Promissory Note Is Not Paid? Promissory notes are legally binding documents. Someone who fails to repay a loan detailed in a promissory note can lose an asset that secures the loan, such as a home, or face other actions.
In India, a promissory note can be issued under Section 4 of the Negotiable Instruments Act, 1881, therefore making it a legal instrument and binding the parties by law, the source of funds being an unregulated method. Even so, promissory notes are classified into secured and unsecured notes.
A promissory note can become invalid if it excludes A) the total sum of money the borrower owes the lender (aka the amount of the note) or B) the number of payments due and the date each increment is due.
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Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.
Collateral. This Note is secured by the Collateral Documents. Reference is made to the Collateral Documents for the terms and conditions governing the Collateral which secures the Obligations.
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.
A promissory note and deed of trust have one simple function to secure the repayment of a loan by placing a lien on the property as collateral. If the loan is not paid, then the lender has the right to sell the property. Both documents are used to make sure the seller secures the repayment of the loan.
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.

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