QUESTION

Is a contract signed by four people and not notarized a legal and binding contract?

Asked on Jan 31st, 2013 on Foreclosures - North Carolina
More details to this question:
My brothers and I own a cabin on Forest Service land. We signed an agreement last summer that if anyone is in arrears for 3 months, they would forfeit that ownership of the cabin and it would be transferred to the remaining owners. This agreement was not notarized. Can they deny ownership of the cabin?
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4 ANSWERS

A written contract is binding whether or not it is notarized. Notarization is mainly for recording documents (like a deed or mortgage) or in the case of wills, trusts, etc.
Answered on Feb 06th, 2013 at 3:19 AM

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Business Law Attorney serving Mount Pleasant, MI at Office of Michael Hyde PLLC
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The value of a Notary Public witnessing a document, is just that, being a third party witness to an agreement between the signing parties. An agreement does not need to be witnessed by a notary public for it to be a valid and binding agreement. If a party is in default of the agreement, you should send that party a written notice of default of that provision of the agreement with an opportunity to cure the default within X number of days (e.g. 5) from the receipt of the notice (send it registered, return receipt requested). If they do not respond within the allotted time, they are in permanent default. As a further step, you should file a petition with the courts to quiet title in the name of the three remaining owners to prevent the defaulted owner from claiming ownership later on. You will file the quiet title order with the register of deeds in the county where the property is found.
Answered on Feb 04th, 2013 at 3:00 PM

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Child Custody Attorney serving Milwaukee, WI at Zales Law Office
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A contract does not need to be notarized to be valid. Oral contracts can be valid and so written ones can be too. Of course, there are many defenses to written contracts, but notarization of signatures is not necessary to create a valid and binding?contract.
Answered on Feb 04th, 2013 at 3:00 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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Notaries are not required for 99% of contracts. Certain documents such as wills need to be notarized. This agreement does not need a notary and is enforceable as long as all parties signed it and it is enforceable under state contract rules.
Answered on Feb 04th, 2013 at 2:59 PM

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