Help with bank please

aaron2100 · #1 05-01-2007, 05:49 PM

Hi, I am in the process of writing a conditional acceptance/affidavit to respond to my bank's next presentment regarding a small personal loan with them. I have been planning to use notarial protest to conclude the matter. I noticed though that in the contract there is a part that reads

"Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. I also give up any rights I may have under any valuation and appraisement laws which apply to me."

This is a contract that I did sign (long before I knew about what really goes on in banking). However, my real name is no where on the contact except in the place where I signed it. It is the all capital name that they printed on it, and even that is spelled incorrectly.

My question is, what is likely to happen if I begin going through the notary protest anyway? Will the process still hold up despite that section of the contract? Is that section just there to scare people? What else can I do if notary protest will not work in this particular case? I live in Indiana if that makes any difference.

Thanks for any help,
Aaron

charlesa6 · #2 05-01-2007, 08:29 PM

aaron2100, welcome to the suijuris forum. You already waiver your right when you signed the contract, at this point notary protests is not going to do you any good. It doesn't matter if they spelled all caps incorrectly as long as your SSN match. Are you saying the name on the contract is not your name at all?

charlesa6 · #3 05-01-2007, 08:34 PM

aaron2100, welcome to the suijuris forum. You already waiver your right when you signed the contract, at this point notary protests is not going to do you any good. It doesn't matter if they spelled all caps incorrectly as long as your SSN match. Are you saying the name on the contract is not your name at all?

aaron2100 · #4 05-01-2007, 10:08 PM

It is my name on the contract in all caps, just spelled a letter off.

It seems that because the contract is fraudulent (which all bank loans are) that it ultimately wouldn't matter that I signed to waive that right. The contract itself is invalid, so it seems that when it comes down to it I do have the right in this case. I don't have any experience with this yet so I don't know exactly.

What other options might I use in this case? I know there is something that can be done.

charlesa6 · #5 05-01-2007, 10:44 PM

You have to do more study in other to implement your goal. Check the forum sections under Banks,Collector, and CRA to start with and get more detail to your situation.

Qreos · #6 05-02-2007, 01:08 AM

Sounds as if the waiver You/YOU agreed to applies only in the situation of the bank's using notarial protest process against You/YOU. The waiver ought not to apply in Your use of the process against the bank. Moreover, if You wanted to press the point of view that "equality under law is paramount", then the waiver ought to apply against the bank as well (!) ... and thereby enable You to go straight to Certificate of Protest ...

mrg · #7 05-02-2007, 04:31 AM

Quote:

"Waiver - I waive (to the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest.

What is "the extent permitted by law?"

robhalford88 · #8 05-02-2007, 01:09 PM

You can do an alternative to Notarial Protest. You can get 2 good men, or women, to take the place of the Notary. What they are doing in effect, is going guarantor on their full commercial libility, that you have attempted an alternate dispute resolution process.

Also, contract won't allow you to sign away everything. Remember that if you didn't knowingly and willingly sign, the contract may not stand up. There are many clauses in financial contracts that are not legal. The financiers know that the average person knows nothing of law and can't afford legal advice, so they gamble.