When you go to the notary do the witness need to be there in front of you when they sign
Or can they get them to sign later.also if they were not there is the contract you did voided

This is not your normal bond for deed only 2 pages which does not have any dates or payment plans in it
Reason is I feel as though I have been scammed the purchaser has not paid the mortgage in 4 months and the home is going into forecloser I have been trying to get him out I feel as thought this is not a legal contract. We went to a notary that's is all there were no witness there to sigh the contract which I was told this would make it not a valid contract is that true.

No it wouldn't invalidate the contract. If you acknowledge that you signed the contract as seller and he signed as buyer, that is sufficient. I don't know why there needed to be witnesses at all. A notary is a professional witness. However, if the notary did not personally witness the witnesses' signatures, then the notary would be subject to disciplinary charges.

Now the question is whether this was a promissory note and mortgage or a sales contract. If it was a mortgage, then you have to foreclose. If it was a contract, then the terms of the contract governing default take over.

The notary is the witness and has witnessed the party signing,

... I don't know why there needed to be witnesses at all. ...

Because some states require them. OP needs to indicate what state he/she is in so that we can better answer the question. And what is a "bond for deed"?

Can you sell a home if you have a bond for deed on it In Louisiana
I own the home the guy who signed the bond for deed is 3 months behind and has my home forsale.
I was told he can't sell it because he does not hold title. His real estate agent said he can.

Can you sell a home if you have a bond for deed on it In louisiana
I own the home the guy who signed the bond for deed is 3 months behind and has my home forsale.
I was told he can't sell it because he does not hold title. His real estate agent said he can.

Again, you need to define exactly what happened here. You have talked about a mortgage and the house going to foreclosure. So we are not clear as to what transaction you entered into.

One thing is clear, if a deed was not conveyed to the buyer and title is still in your name he can't sell the property. He MIGHT be able to sell the contract to someone else.

I suggest you consult a local real estate attorney to determine what the actual legal status of this is.

Can you sue a notary for not going over the contract you signed. And also not stamping that he
Was not the one who drew up the contract, he also had witness sign after I left so they were not
Present when we signed the contract. This contract was a scam from both parties notary and the one who drew
Up the contract now I have to get a lawyer. Just wanted to know what is my stand against the notary.

A notary does not read the contract, they don't read it ever. They merely check ID and sign that the person who is signing is the person.

We have asked you to clarify several points. If you want our help you need to provide us with more information.


Can you sue a notary for not going over the contract you signed. and also not stamping that he
was not the one who drew up the contract, he also had witness sign after i left so they were not
present when we signed the contract. This contract was a scam from both parties notary and the one who drew
up the contract now i have to get a lawyer. Just wanted to know what is my stand against the notary.

Again, a notary is nothing more than a professional witness. They certify that they have verified the identity of whoever is signing a document. They do not read or provide advice on the document. Unless the notary is also an attorney who drew up the document there is no reason for them to indicate they did not draw it up. There might be a reason to indicate that they did, otherwise its assumed they didn't.

So there is no lawsuit on those grounds. Also, there is nothing wrong with having the witness sign while you are not present as long as the witness did, in fact, witness your signing the document. If the witness did not witness your signing, but signs that they did, they could be sued on those grounds. They might even be subject to prosecution for perjury.

Again, without your explaining why you feel this was a scam and the notary was in on it, I don't see any action against them. If the document was signed in the presence of the notary and the notary verified the ID of the signers, then the notary did their job and did nothing wrong.

I remember my divorce paper work, I went in on one day and signed the paper work, in front of the notary, my ex came in the next day and signed, the notary then signed that they witnessed the signing, which they did, just on separate days.

The notary has no legal qualifications and can not even by law give any legal advice. Most attorneys do not do the notary but have an employee in their office do it.

Sorry you are not giving any fraud in anything you are saying.

IT was a bond for deed in Louisiana that we signed In Louisiana which has certain laws I was going in to sign a purchase agreement not a bond for deed. The bond for deed is not a legal one. There are
Things that were not put in on this bond for deed. In Louisiana when you go to a notary the witness is to be
There to witness that document. The whole contract is a fraud. Now the guy put a lien on my home which I was not notified about and I don't owe him aNYTHING WE never had a CONTRACT TO fix my home .In the lien he is charging me to live there to manage my home to advertize my home and the same notary stamped the lien which is a joke how do I owe this man anything he was to purchase my home.The notary would need to see proof of these docs which he could not possibly have but he stamped it anyway. This is in Louisiana so I know the laws are different in other states.
.

The deed and bond laws differ but not really the notary, he does not look or ask if the paper work is valid, or if the paper work is even legal, a notary only witness a person signing, no more , no less.

If they did fraud, call the police and sue the person doing the fraud.

I went to a lawyer gave him all my documents we talked a little on the phone.
Then he sends me an email saying after reviewing the papers and speaking with his
Boss he was unable to take my case.so I called him to ask why but he has not returned my
Phone call. Should he explain to me why he will not take my case.

Where you going to pay him by the hour or by the case ? Or did you want him to take it and only get paid if he wins.

If he was only to get paid if he wins, then he does not think he will win or if he did win it would not be enough money.

If you were offering to pay him ( write him a check as soon as he took the case) he may have a conflict of interest, perhaps the firm represents someone in the other party?

I went to a lawyer gave him all my documents we talked a little on the phone.
Then he sends me an email saying after reviewing the papers and speaking with his
Boss he was unable to take my case.so I called him to ask why but he has not returned my
Phone call. Should he explain to me why he will not take my case.

First, I merged your threads. Since the second question bears on the first, it helps to have all the background. Please keep any follow-up to one thread.

There are several possibilities. One, he may not believe he will be paid. Two, he may not believe the case is winnable. Three, they may think its too iffy whether they can win and that working the case will wind up being too expensive for you will little chance of ever seeing any money out of it. We don't know what you discussed in terms of payment. Or what case you are actually trying to prosecute.

We have told you, based on what you have posted here, that you don't appear to have a case against the notary.

Here is some info on Bond For deed that may be helpful:
http://firstcommercetitle.com/PDF/rip.pdf

Also, has you have been previously told, you have not been clear about this transaction. I just reviewed the thread and I'm not even sure if you are the buyer or the seller. It appear you are the seller, but I'm not sure. If you are the seller, then the property remains yours. The buyer should have been paying the mortgage through an intermediary as required by Bond for deed contracts. The contract should have specified what happens in case of default. If the buyer filed a lien it may be because he feels he has a case against foreclosure.

Also, several pieces I read on Bond for deeds state, unequivocally, that a lawyer should be used in doing a bond for deed transaction, but it appears you didn't use one.

So I'm not entirely surprised that the attorney refused your case. If I was an attorney and you were as vague as you have been here, I wouldn't take the case either.