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Updated almost 11 years ago,
Promissory note in different state
I'm doing a private lending deal where the investor (and the property) is located in Missouri, and I'm located in Kansas.
Living in Kansas City, it's common to do business across the state line and I have a friend whose promissory note uses Missouri in the choice of laws. He has experience loaning across state lines and I do not, but I wonder if this is correct. In the promissory note where it reads, "This Note is a contract entered into under the laws of the State of Missouri and shall be construed and enforceable in accordance with the laws of the State of Missouri" shouldn't it be under the laws of Kansas since as the lender, I am located in Kansas?
Paperwork (deed of trust and promissory note) will be signed and notarized in Kansas, although the investor will close at a title company in Missouri and they will record the deed of trust.
Should my choice of laws section read Kansas or Missouri?
My real estate attorney is out of pocket until Tuesday, and I would like to provide paperwork to the borrower before then. Guidance is appreciated from any with experience in this matter.