Legal Question in Family Law in New York

I lent my daughter and former son-in-law $30,000 to get out of credit card debt. We created a promissory note signed by all parties indicating that they would not touch the collateral which was their wedding account which had $21,000 in it and that if the groom who created a significant amount of the debt divorced my daughter or received any gifts or inheeritance---the note would be due and payable before they disttributed the assets between them. They are in the process of getting divorced---my daughter seized the funds for me. My former son-in-law claims that the note was invalid because I got a notary to put her seal on it with nothing written below and he was not present-- I can prove I gave them the money----and that they used it to pay off their debt----does the fact that the notary put the seal of New Jersey on it make it invalid? I dont think so----and just puuting the seal without the oath underneath saying that they were present create a problem ? I had the notary do it to make it more official looking--probably stupid and unnecessary--what are your thoughts?


Asked on 11/20/09, 1:29 pm

1 Answer from Attorneys
David Simon Hogan & Rossi

Sounds like the notary is in more trouble than you for putting her stamp on something without being present for the son-in-law's signature, or having him acknowledge his signature in front of her.

That being said, a promissory note will not be defective for lack of a notary seal. What's important is that the signature belongs to the son-in-law. If he does not dispute his signature on the note, then it would seem to be an enforceable IOU.

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Answered on 11/26/09, 3:02 am


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