If a promissory note was signed by the borrower and the lender have the house as collateral but no Notice of interest was filed in the county recorder office, is the promissory notes enforceable if the borrower guaranty it personally
Asked on 9/18/14, 5:22 pm
2 Answers from Attorneys
William Christian
Rodi Pollock
You have lots of concepts mixed up, but a promissory note may be enforcable regardless of whether it has collateral ( usually in the form of a deed of trust recorded with the county recorder) or a personal guarantee. It would be necessary to see the relevant documents to provide more specific advice.
Answered on 9/18/14, 5:26 pm
Anthony Roach
Law Office of Anthony A. Roach
I've never heard of a "notice of interest" being required to make a promissory note valid. I suggest having an attorney review the documents you mention to get thorough legal opinion.
Answered on 9/19/14, 8:47 am
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