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Validity of owner finane contract

I have an owner finance contract for my home (seller), I noticed on the back of the papers I was served for suing for the deed that there is a page where a notary public notarized mine and my husbands's signatures.  We were not present when this was done and it says we were.  Can I use this to invalidate the contract?


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If you do not know the answer, ASK the quesion! Asking a question never hurt anyone.

I am not an attorney, but more information is needed. What has your signature on it? Did you sign it, or is it a forged signature? Also, contract law is very touchy, and the validity of a contract is also based on intent, oral representations and if you moved forward as if you were "under contract". If you acted according to a contract, as stated, and if the contract proved top be null and void, or invalid, it may be enforceable. The notary could be in serious trouble, aand does carry O & E insurance, but this alone really has nothing to do with the contract enforceability, UNLESS you are saying that it is not your signature, and that is not what you are saying. I would contact an attorney for a free consultation and get further advice. Also, I do not know if you are speaking of a contract, a deed, and who is suing who for what and on what grounds. It is not as easy to blow off a contract due to an error on the notary's part.

Posted 2009-06-20T17:12:31Z
Kissie was invited by Yedda to answer this question.

 

I am an attorney, but I agree with the prior answer to the extent more information is needed.  If I read yours correctly you have received a law suit related to the note (finace agreement).  I would suggest you find a lawyer in your jurisdiction to give you a consultation after they have been given all the facts.  Many will offer a free consultation.  Without getting more information, the "general rules" may not help you without taking in to account the entire picture.  good luck.                                                 

Posted 2009-07-06T09:50:46Z
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