Legal Question in Credit and Debt Law in California
I loaned a person money and they signed a promissory note. How do I record the promissory note so that it is a secured debt?
Asked on 6/14/10, 6:09 am
1 Answer from Attorneys
Stan Lockhart
Law Offices of Nations and Lockhart
A promissory note is not recorded. It is not an interest in real property. It is only a secured debt if collateral is offered in event of default of payment. If real estate is offered, then we use a deed of trust to collateralize the loan. The deed of trust is recorded. If an auto is offered, then the title is held by the lender, if personal property is offered, then a UCC-1 financing statement is recorded with the State.
If the amount of the loan is important to you, you should seek professional help or go to the library and find a self help book series published by Nolo Press; ask the reference desk.
Answered on 6/14/10, 9:35 am