what kind of attorney deals with promissory notes and liens

by Brook Schinner 9 min read

If you choose to hire a lawyer, an experienced probate attorney will be the most helpful, especially one in the area where the estate is being probated.. If you are comfortable working with forms, then you can file the necessary paperwork on your own... 0 found this answer helpful

Full Answer

Is a promissory note a legal instrument?

An experienced real estate attorney can also help you if you have questions about a lost promissory note. Promissory notes include all the terms and conditions of a loan, but they are not only used to secure a mortgage. Promissory notes can also be used to secure other types of loans. Not all promissory notes are alike. There are different types of promissory notes …

What is a non-collateral promissory note?

A promissory note lawyer may craft a promissory note to address any type of loan as long as it meets the legal precedents of a contract. As long as it meets those precedents, a promissory note is a legitimate, legally binding contract. A promissory note can be a simple agreement regarding the terms of the loan from one person to another.

How do I enforce a secured promissory note?

 · Some of the most common types include the following: Simple Promissory Note: This type of promissory note can be for any basic transaction involving the repayment of goods or money from one party to another. There does not need to be a specific purpose for a simple promissory note. Student Loan Promissory Note: A student loan promissory note is ...

When does a promissory note become legally binding?

 · There usually is not a great deal of specialized knowledge to deal with a claim against an estate based on a promissory note, but you might be better off with an attorney who is experienced in estate matters, because he or she may be more familiar with rules regarding the method and time period in which to file a claim against the estate ...

What is promissory note?

A promissory note is a financial instrument that contains a written promise by one party to pay another party on a future date or on demand. This instrument allows people and companies to obtain loans from other parties outside of a traditional bank.

What is a commercial promissory note?

Commercial Promissory Note: A commercial promissory note is the type of instrument used when the lender is a bank or other commercial entity like a loan agency. The terms of a commercial promissory note are often more stringent than other types of notes, with the option to call in the full loan, plus interest, if payments are not made on time. ...

Do promissory notes need to be specific?

There does not need to be a specific purpose for a simple promissory note. Student Loan Promissory Note: A student loan promissory note is a financial instrument that binds a borrower to a loan that must be used specifically for educational purposes.

Is a promissory note enforceable?

When crafted by an attorney, a promissory note is a legally binding contract like any other and therefore enforceable under the law.

James Parris Magner

I agree with my Virginia colleague. You must act quickly. Claims against an estate are handled through the probate process and there are deadlines that must be met. All of the claims of the decedent's creditors will be paid (to the extent that there is money available to pay them) according to a set of priority rules.

Bennie Allen Wall

If you choose to hire a lawyer, an experienced probate attorney will be the most helpful, especially one in the area where the estate is being probated. .

Michael S. Haber

There usually is not a great deal of specialized knowledge to deal with a claim against an estate based on a promissory note, but you might be better off with an attorney who is experienced in estate matters, because he or she may be more familiar with rules regarding the method and time period in which to file a claim against the estate.

Lawrence D. Flick

I would start by contacting a lawyer who handles probate and estates in the locale where the estate is being handled. Please be aware that many things in the legal system have time limits and there is likely a time limit for filing claims against the estate or whatever other steps you need to take to collect on your promissory note.

Ryan Bedford

In addition to the other responses already posted, I would like to note that your chances of recovering on a judgment would be increased if the defendant still owns property in the state of Washington against which you can file a lien.#N#More

Adam Nathaniel Williams

Because you both resided in Washington and you both signed the instrument in Washington, you can likely sue in Washington. Generally, the statute of limitations for a signed contract remains six years. However, it is always better to begin collection efforts as soon as possible. You need to locate the other person.

Wayne A. Sinnett

Any "debt collection" attorney will able to help you. I would hurry as you're probably getting very close to the statute of limitations.

Is a promissory note a legal document?

In legal terms, negotiable simply means that the document may be altered by a later agreement; generally, changes must be enforced by further monetary consideration.

What is promissory note?

A promissory note is a legally binding document, recording a promise in which one party is to repay a specific amount of money to another party in a given time frame. The party making the promise to repay is referred to as the debtor, or, the maker of the note. The party loaning the money is referred to as the creditor, or, the holder of the note.

Why are promissory notes used?

Because contracts can take a while to develop, and may be revised during negotiations, the overall transaction or loan arrangement may be delayed.

What happens if a borrower defaults on a promissory note?

When a borrower defaults on a promissory note that includes an acceleration clause, the entire amount of the loan will be due no matter the initial terms of repayment. When the promissory note is not paid, the holder of the promissory note may give notice of the default to the borrower. And, if the past due payment is not paid, ...

What happens if a promissory note is not paid?

When the promissory note is not paid, the holder of the promissory note may give notice of the default to the borrower. And, if the past due payment is not paid, the holder may legally file an action in order to collect the entire balance of the note (plus any interest due). Failure to fulfill a promise recorded in a promissory note could result in ...

What is a lien on a home?

A lien is placed on the home or other real property ; the information becomes public record, and can affect the borrower’s credit or purchasing abilities in the future; and. Investments Promissory Notes: In a business setting, promissory notes may be exchanged in order to raise capital for the business.

Why are contracts necessary?

Contracts may also be necessary in situations involving a high risk of fraud, or a high risk of default on the payments. To put it simply, promissory notes are most commonly used in minimal risk circumstances, whereas contracts are generally used for higher risk dealings.

What is a promissory note?

A Promissory Notes is a borrower’s promise to repay the loan to the lender. In most cases a Promissory Note is secured by a Mortgage. Promissory Notes should be reviewed by a real estate attorney. There are different types of Promissory Notes, including a Cognovit Note. A Cognovit Note is a Promissory Note where the borrower waives its right to contest any foreclosure action for non-payment.

What is a mortgage form?

The Mortgage form is a technical legal document. The Mortgage should be recorded with the County Recorder’s Office because all real property ownership documents should be recorded.

What is a Quit Claim Deed?

Deeds are the document through which someone acquires ownership interest in real estate. There are many varieties of deeds, each with a separate purpose and warranty. A Quit Claim Deed contains no warranty. General Warranty Deeds provide a total warranty for passing good title. Limited Warranty Deeds offer a limited warranty as to passing clean title. This is usually limited to promising that the seller had good title, but not that the prior owners had good title.

What is promissory note?

A promissory note is a flexible document that can be a simple and straightforward representation of an agreement, or it can be a complex and detailed document that covers multiple issues involved with a contractual arrangement. Whatever the scope of the promissory note, the basic tenet is that once it is signed by the involved parties, ...

How to protect yourself when lending money?

The best way to protect yourself when loaning money is to form a promissory note that is legally binding so you have a means to collect your investment if there should be a breach in the terms of the note. It is always advantageous to have some sort ...

Can you garnish your wages after a judgment?

When this occurs, your options become more limited. After you have received judgment in a court of law, you can seek to garnish the individual’s wages. If you can attach wages, the court will require the employer to automatically deduct a portion of the individual's paycheck each period and send you the money.

What is the responsibility of an investment firm?

Investment firms have a responsibility to establish and maintain rules regarding the supervision of their registered financial advisors and brokers. The supervision includes regular reviews of your portfolio to ensure it meets your investment objectives and risk tolerance. Broker-dealers are required to contact you in response to red flags to ensure you understand the risks involved with your holdings or trading strategy. If your investments lost money due to a representative's negligent or fraudulent behavior and the firm's failure to supervise played a role, our lawyers may be able to help you recover your losses.

What is the FINRA?

The Financial Industry Regulatory Authority (FINRA), an agency overseen by the U.S. Securities and Exchange Commission (SEC), requires member investment firms to implement supervisory systems for registered representatives and their financial offerings.

What is REIT investment?

A REIT is an entity that owns and operates income-producing real estate and distributes the income to investors. REITs pool the capital of numerous investors to purchase a portfolio of properties which the typical investor might not be able to buy individually. To qualify as a REIT, a company must have most of its assets and income tied to a real estate investment and must distribute at least 90% of its taxable income to shareholders annually in the form of dividends. Investors depend on the sale of properties or listing for the return of their principal.

What are the four types of bonds?

There are four general categories of bonds that are offered to investors: Corporate bonds: Bonds issued by a company to generate funds. Federal bonds: Bonds sold by the federal government, such as U.S. Treasury bills (T-bills) and U.S. savings bonds.

What is a federal bond?

Federal bonds: Bonds sold by the federal government, such as U.S. Treasury bills (T-bills) and U.S. savings bonds. Municipal bonds: Bonds issued by states, cities or other government entities to fund civic projects.

Is junk bond risky?

High yield junk bonds have significantly more risk than investment grade bonds. In addition, junk bonds typically move up and down with stocks and provide little or no downside protection when the stock market is declining. As with any investments, there are risks associated with bonds.

What is junk bond?

Junk bonds are often sold under the guise of bond funds or referred to as high-yield funds, and financial advisors and brokers have been fined for misrepresenting or omitting material information regarding the risks of the investment and the bonds themselves.