What is the name of your state (only U.S. law)? NJ
A friend signed a loan agreement which involved almost all of the equity in her home to her father in law. The signing took place in her home and she was pressured to sign the agreement in order to prevent losing the home in foreclosure. Her husband also signed the agreement. The form used was downloaded from the internet and it was not notarized or witnessed.
Now, a few years later,the signers are going through a divorce and the father in law wants her out of the house so he can get the money from the equity (the husband also wants her out because he will most likely not have to pay his share of the equity to his father).
My friend was never given a copy of the agreement and never saw it after the signing. When the divorce lawyer for my friend was able to get a copy it showed that a witness signature had been added to it. That witness was not present at the time of the signing--only my friend, her husband and father in law were in the house at the time.
My question is whether or not the agreement is valid now. My guess is the father in law had a friend sign as witness to the agreement before he handed it over to the attorneys.