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promisary note

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had enough

Junior Member
What is the name of your state?I live in Pa.

Just a quick update,I had been married 26years,going thru a divorce since Nov 2003. While married my mother in law loaned my husband and I money for an addition,in the form of a promisary note. Now keep in mind,I never signed any kind of document in regards to this promisary note. The amount owned on this loan is 17thousand dollars. I had been the one that was paying on this loan to my mother in law , (the money was borrowed in 2002)I had to pay her in cash every month.
Now my mother in law is saying she is thinking about taking a lean against this loan, on the advice of my lawyer,I was told not to pay anything on this loan until the divorce settlement ,then at that time,the money I get from the settlement will pay off this promisary note.
I tried to inform my mother in law that on the advice of my lawyer ,I was told not to pay her now and when the divorce is over,she will get her money(which by the way,I have no intention of paying ,since one,I neve signed any agreement to this,,and also since I had always paid in cash,,let her try and prove ,this loan is not paid in full)
anyway,my question is,,can she put a lean against this loan now? again I tried to explain to her that once the settlement is final she will get her money..and that right now every thing is tied up in this divorce.
thanks :mad:
 


LdiJ

Senior Member
had enough said:
What is the name of your state?I live in Pa.

Just a quick update,I had been married 26years,going thru a divorce since Nov 2003. While married my mother in law loaned my husband and I money for an addition,in the form of a promisary note. Now keep in mind,I never signed any kind of document in regards to this promisary note. The amount owned on this loan is 17thousand dollars. I had been the one that was paying on this loan to my mother in law , (the money was borrowed in 2002)I had to pay her in cash every month.
Now my mother in law is saying she is thinking about taking a lean against this loan, on the advice of my lawyer,I was told not to pay anything on this loan until the divorce settlement ,then at that time,the money I get from the settlement will pay off this promisary note.
I tried to inform my mother in law that on the advice of my lawyer ,I was told not to pay her now and when the divorce is over,she will get her money(which by the way,I have no intention of paying ,since one,I neve signed any agreement to this,,and also since I had always paid in cash,,let her try and prove ,this loan is not paid in full)
anyway,my question is,,can she put a lean against this loan now? again I tried to explain to her that once the settlement is final she will get her money..and that right now every thing is tied up in this divorce.
thanks :mad:
Even going back and looking at your previous threads I am not sure that you are giving enough information to get valid advice.

However....if your husband is the only one who signed a promissary note to his mother then the debt is between he and his mother. You aren't responsible for that debt or a party to that debt. She could possibly place a lien on the home...depending on the circumstances, but that is quite "iffy".

If the home is being sold and the proceeds split...then she is probably going to have to go after her son for repayment.
 

had enough

Junior Member
Hi,
thanks for the reply. no I am keeping the home. as of right now the home is still in both my name and my husbands name. Again,I cant get the house put in my name until the settlement.
and like I stated,I never signed any sort of legal doucment in regards to this promisary note.
plus I figure this,IF she does try to get a lean on this loan,,since I had nothing do with this,it was between her and her son plus,the house is still in both our names,the loan dept will go after her son,since he makes alot,and I do mean alot more money then I do.
but like you said,,since this is all tied up in the divorce,I dont know who she would find that would tell her this was a smart idea.
thanks again for the info.
 

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