Does the Stated Interest Rate Override an Amortization Schedule in a Promissory Note?

Generally, the language of the Promissory Note itself would have control over any payment schedule that is not incorporated directly into the note.

But if the amortization schedule is incorporated directly into the Promissory Note (by language in the Note that makes direct reference to the schedule), then there is an ambiguity as to the obligations of the parties.

Read more

How Do I Remove Myself from an Ex-Spouse’s Mortgage Contract?

On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance.

Read more

Can a Beneficiary Within a Will Also Be Its Executor?

The person chosen as Executor of a Last Will and Testament should be at least minimally qualified to take the steps necessary to gather the assets of the decedent\’s estate, pay any and all creditors who may have a claim against the estate, and distribute the remaining property of the estate per the terms of the Last Will & Testament.

That being said, a person named as a beneficiary in a Will can also serve as the executor or executrix of the estate.

Read more