When you have to complete a Promissory Note Secured By Mortgage For Trust Document that adheres to your local jurisdiction's statutes and regulations, there can be several choices to choose from.
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Unless specifically prohibited in the language of the note, a promissory note is assignable by the lender. That is, the lender can sell or assign the note to a third party who the borrower must then repay.
A promissory note can be transferred to a revocable living trust by assignment. An assignment is accomplished by the payee signing over the note to the trustee or trustees of the revocable living trust. The assignment should be in writing and a copy of the promissory note should be attached.
A deed of trust often requires a promissory note, but the promissory note is a specific document type. While a deed of trust describes the terms of debt as secured by a property, a promissory note acts as a promise that the borrower will pay the debt. A borrower signs the promissory note in favor of a lender.
The Difference Between a Promissory Note & a Mortgage. The main difference between a promissory note and a mortgage is that a promissory note is the written agreement containing the details of the mortgage loan, whereas a mortgage is a loan that is secured by real property.
Promissory notes: A grantor may lend money to a third party and decide to place the promissory note into the trust. He or she may transfer the note to the trust by executing an assignment of the note to the trustees. It's a simple document, but case specific.