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Do I have to get this document notarized for it to be legal

 
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Customer Question

Do I have to get this document notarized for it to be legal and enforceable?

 

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State/Country of Question: New York

Already Tried:
Actually, I just want to fill in more details. I created two loan documents on LawDepot.com for money I am loaning to my boyfriend. One is for $2500, the other for $4500. I need to know if I have to notarize these documents for them to be legal. He seems to not want to get them notarized, but I'm worried they won't be binding if I don't.

Submitted: 1016 days and 5 hours ago via LawDepot.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  xavierjd replied 1016 days and 5 hours ago.

Thankd for using JustAnswer.com

 

What type of document is it?

 

What state are you in?

 

Thanks

Customer replied 1016 days and 5 hours ago.

It's a loan agreement from LawDepot.com. It basically says he'll pay back the money at 2% interest for the $2500 and 3% interest for the $4500, with a minimum payment monthly of $50 on the first one and $90 on the second. not sure why he didn't want to get them notarized, but now I feel stupid for not insisting we do that.

We are in NY, but my address right now is in L.A. His is in N.Y., so I figure it will be governed by NY.40035.771241169

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Expert:  xavierjd replied 1016 days and 5 hours ago.

It is a good idea to get the loans notarized.

 

However, when you utilize the services of a notary, the document has to be signed by BOTH parties in front of the notary.

 

The notary stamp does not make the document "legal", but it confirms that the signatures on the document are those that they purport to be. That is important.

 

For example, you loan XXXXX XXXXX $2500.00 He signs the document John X Smith. Later, he defaults on the loan and claims that he doesn't owe any money because he is NOT XXXXX XXXXX....he is John X Smith.

 

When a notary watches the parties sign and then puts his/her stamp on it, he/she is verifying that the document was signed in her presence by the parties.

 

To be DOUBLE safe, you may also want to get 2 witnesses to the document. The witnesses verify that they saw the parties to the document sign it in their presence.

 

You want as much protection as possible. So, get the loan notarized by a registered notary and make sure that you show the notary ID when you sign.

 

If it is not notarized, the document may still be legal, but it leaves an opening for debate when it comes to the signature.

 

The legality of the loan is found in the contents of the loan. It should have the parties names, the amount to be loaned, a schedule for payment, an amount of payment, interest (if any) and a default provision whereby the entire loan comes forward if a payment is missed. Those are minimum provisions. Also, a party must be at least 18 to enter into a contract.

 

Hopefully you'll be ok. Again, a notary is not necessary but may be preferred.

 

 

You may wish to contact an attorney who specializes in contract law to put your mind at ease. You can contact your local bar association for a referral. It may give you 2 or 3 names. You can contact the attorney(s) for a telephone consultation, or ask to set up an appointment to discuss the specific facts of your case. Sometimes, these consultations are free.

 

I hope that you find this information useful, and that you press the GREEN ACCEPT button so that I may be paid for my work and receive credit for answering your question. Positive feedback, although not required is always appreciated. Also, a BONUS is also not required but is greatly appreciated.

Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

 

Customer replied 1016 days and 5 hours ago.

Wait, so I have to contact another lawyer who specializes in contract law? To be honest, I don't want to have to pay twice for an answer, so if I have to ask someone else, I'm not really quite satisfied here...

Accepted Answer

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Expert:  xavierjd replied 1016 days and 5 hours ago.

No......... I gave you the answer. I just suggested that if it would make you more confident, sometimes legal consultations are free.

 

I am confident in the answer.

Expert TypeAttorney
Pos. Feedback: 99.0 %
Accepts: 2018
Answered: 8/10/2009

Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims

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