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Is My Promissory Note Invalid?
Anonymous10 views2 answers
When I closed on my home mortgage, the notary also acted as a second witness on my note, but the Notary is NOT a notary at all and he has fabricated the Notary stamp and commission number. In fact, he is a complete fraud. If he as a Notary does not exist and is a complete fraud then does he as a second witness to my signature also constitute a fraud making my note invalid?
No such luck. You signed the note and delivered it, so you owe the money, regardless of whether the note was ever witnessed at all. The Notary is just there so the TD can be recorded, which is to protect the creditor against your trying to give someone else a first FEEDBACK: Both and other readers are interested in your feedback on the quality of the answers. Plz check the “thumbs up” symbol if you find an answer helpful or the “thumbs down” symbol if not.
DISCLAIMER—This answer is for informational purposes only under the system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship.
(Bryant) Keith Martin
sbbizlaw.com
mortgage.
A notary in not required on a promissory note, so the fact that the notary was not commissioned does not affect your promise to pay. A notary is required on the mortgage for it to be recorded. Therefore, the improper notarization might be a defense of a second lien holder in a dispute over priority of the liens. However, if you knew that you were signing a mortgage, the mortgage is enforceable between you an the bank irrespective of the problem with the notary.
If you are unsure of your rights, you should consult an experienced real estate lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
