Legal Question in Real Estate Law in Texas

I signed a note to my parents on a loan that is secured by a lien on my house. My mother recently passed away and her will gave everything to my dad if he outlived her. My fathers will states that all remaining assets will go to my brother, which includes this lien. My father has told me that he is willing to forgive the debt and is willing to sign a release of lien, but not to tell my brother until my father has passed away.

My questions are: 1) I have a release of lien and could get it notarized, but my brother has taken all of his papers so I have no ID for him, and no notary will sign it without his having some form of ID.

What can I do?


Asked on 7/17/12, 10:08 am

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

(5) whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary public and, if introduced, the name and residence or alleged residence of the individual introducing the signer, grantor, or maker; (6) if the instrument is proved by a witness, the residence of the witness, whether the witness is personally known by the notary public or was introduced to the notary public and, if introduced, the name and residence of the individual introducing the witness;

Hence with such identification most notaries do NOT requie photo id..so get a witness who knows him..and keep looking...If he is able to travel take him to a notar.

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Answered on 7/17/12, 1:05 pm


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