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emillyy17

Junior Member
What is the name of your state? ca but all usa

I gave my neighbor a sum of $13,000 in cash as a loan.
Later I gave her a further $14,000 in cash, not as a gift but for her to keep it in trust for me.
I gave my neighbor a $13,000 loan when it was clear to both of us that she could not repay me in the next twenty years, because only then will she have enough money to start repaying me.
We have agreed, and still agree, that I will not have the right to begin demanding repayment in the next twenty years. We know full well that in twenty years her parents will give her an apartment as a gift. We agreed that when she gets the apartment in twenty years, it will automatically be held in lien of the loan I gave her and that if in twenty years she will not return the loan, the apartment would pass under my name without any further documentation required other than the contract we now wish to sign.
But she will not agree to sign any contract, receipt or anything else in the presence of a lawyer.
She agrees to sign any contract I compose, as long as it is without a lawyer´s presence.

So she agrees to sign a contract in which she admits that she had received the sums of: $13,000 as a loan, and $14,000 which belong to me, as a trustee only.

Since I am certain that I will not ask her to return the money before 20 years had passed, I am afraid that if in 20 years she will not be alive, and I will need to sue her heirs, they may say "where have you been all these years? You were quiet and a statute of limitations has come into effect by now". That´s my fear.
I have prepared a draft of a loan agreement in which she acknowledges receipt of $13,000 as a loan and $14,000 on trust, and in that same draft I wrote that we are both aware that during the next twenty years I will have no right to ask for that money, and that right will only come into effect in twenty years from the date on which the contract has been signed.
I´ll get her to sign the contract and I have no problem with that, since she is very interested in signing any contract I prepare.

Before that, I am very very afraid that in twenty years both the loan and the trust will not be binding due to the statute of limitations.

In addition to what I wrote as a contract draft, I wanted to ask you what in your opinion should be added to the contract so that in 20 years I could ask her or her heirs to return my money, and if she does not agree, to take legal action and get my money back even though 20 years have passed?

It is important that you know that I will have no access to the Internet, so I will not be able to answer any important questions you may need to ask in order to advise me.
can not consult a specialist and reply immedietly, among other things because I am suffering from cancer, and the terrible suffering caused by it, that left me unable to afford lawer advice.
But,
I will be able to read the advice only in a number of weeks. I beg forgiveness in advance.
But despite this constraint, I will be very thankful if you try and help me and advise me how to write the contract. I will be very happy to see that you have written to me to advise what to write to secure the apartment she will receive in the future being held in lien of the loan so that if in the future she will deny it, I will not need her to sign another document and this contact will overrule any person she might owe money to and will want to foreclose on her apartment.

Thank you very much, and be well,
Emily
 


stephenk

Senior Member
"She agrees to sign any contract I compose, as long as it is without a lawyer´s presence" That should be very troubling to you.

Lady if you can afford to give out $27,000 to someone you can afford to meet with an attorney and have the proper loan and trust documents prepared and signed by you and the other person.
 

Rexlan

Senior Member
stephenk said:
"She agrees to sign any contract I compose, as long as it is without a lawyer´s presence" That should be very troubling to you.

Lady if you can afford to give out $27,000 to someone you can afford to meet with an attorney and have the proper loan and trust documents prepared and signed by you and the other person.

I AGREE ... and if the girl won't sign with a lawyer present there is a HUGE signal there and I would tell her bye.
 

vaya

Junior Member
This Story Sounds Bogus To Me!

It may be only me, but this story sounds more like a fairy tale from hell! A person with cancer providing a loan to be paid in 20 years?!

I don't think so!

Vaya
 
T

thepizzaguy

Guest
stephenk said:
"She agrees to sign any contract I compose, as long as it is without a lawyer´s presence" That should be very troubling to you.

Lady if you can afford to give out $27,000 to someone you can afford to meet with an attorney and have the proper loan and trust documents prepared and signed by you and the other person.
Fo Sho!!! $27,000 is way too much money for you to be pussy footing around with a do it yourself legal forum and then spending the next 20 years wondering if you did it the right way or not.:eek:

Get a lawyer and express all your fears about this venture to him/her.
 

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