The Promissary Note, is called a Separate Property Note. Are they one and the same? The note benefits me and states, " I, XXXXX XXXXX England promise to pay to Robin XXXXX XXXXX (which is me) or order, the sum of One Hundred Forty Thousand and and No/100 Dollars ($140,000.) without interest.
Principal shall be all due and payable on demand, upon the dissolution of my marriage to Robin XXXXX XXXXX, or upon the death of Robin XXXXX XXXXX, payable to her estate as her sole and separate propery, whichever first occurs.
If suit be brought on this note to enforce payment, maker promises to pay costs of suit and such sum as the Court may fix as attorney's fees.
This note is secured by a Deed of Trust." Date. July 22, 2004
Please remember, that I learned today that this document that was attached to a Deed of Trust With Assignment of Rents was never recorded, and the original was stolen from me. I do have a copy. The Deed was notorized yet it was NOT recorded. Is this still a ligitament document? Also, do I need a Loss Deed of Trust, and how exactly does that work? If so, do I need a Real Estate Attorney to write this up for me? I am trying to finalize my divorce and am trying to save my home which is in foreclosure by applying for a loan modification. Since my husband and I have been separated, B of A, my lender, wants him to sign over a Quit Claim Deed and be recorded. My major question is will this void the Separate Property Note that he signed, because it is attached to the Deed of Trust With Assignment of Rents? Thank you for a very detailed response. Also, if I have any further questions regarding this matter, is this covered in what I paid and do I receive all info. from you on this site exclusively, or in my private e-mail?