Can they take legal action against us to take the house from us? 3 Answers as of March 10, 2014

Someone loaned us money to buy a house. We signed a contract that was not signed by a notary or was witnessed. The house is in our name only.

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Your signature is all they need as proof to go into court. Whether they win or not is up to the judge.
Answer Applies to: New York
Replied: 3/10/2014
Law Offices of Linda Rose Fessler | Linda Fessler
If you signed a lien on the house as security for the loan, they might be able to foreclose. Otherwise, they would have to go to court to get a judgement and then put a lien and then perhaps foreclose.
Answer Applies to: California
Replied: 3/10/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
That depends on a number of facts. You should speak with a bankruptcy attorneyif the lien on the house is not perfected, it may only create an unsecured debt. A contract does not have to be notarized or witnessed to be a valid contract. This situation needs to be examined by an attorney who can evaluate all the facts and advise you.
Answer Applies to: Arkansas
Replied: 3/10/2014
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