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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 37017
Experience:  16 years practicing attorney, JD, BA, MBA
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Is a Promissory note enforceable or considered fully executed if the document calls

Customer Question

Is a Promissory note enforceable or considered fully executed if the document calls for both husband and wife to sign, but only the husband signed. Also, the promissory note referenced a deed of trust to secure the promissory note, which was not signed by the husband or the wife.
Submitted: 2 years ago.
Category: Business Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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The Promissory Note would be enforceable with regard to the husband unless it specifically stated it was not valid unless both husband and wife signed. Otherwise, the person who signed is bound.
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So at this point, there is just an unsecured Note that the husband is the only one liable for repaying.
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thanks
Barrister

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