Deed Of Trust Records Without Promissory Note In Georgia
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FAQ
In California, a deed of trust must come with security, typically a promissory note. To be valid, a deed of trust must be (1) in writing, (2) with a description of the property, and (3) signed by the trustor of the deed of trust.
Requirements to be filed The deed must describe the real property, full legal description. Name the party/parties transferring the property (grantor) Name the party/parties receiving the property (grantee) Be signed and notarized by the grantor with a witness.
Disadvantages of a Trust Deed For borrowers, if financial circumstances change, default on repayment can result in property foreclosure.
Unless the lender uses a different document or terminology for “promissory note,” there typically wouldn't be a mortgage in place without a promissory note. It is a crucial legal document to the mortgage process that holds both the borrower and the lender accountable to mutually agreed terms and conditions.
When a deed of trust is used as a security instrument, who holds the deed and the note? The trustee holds the deed, and the lender holds the note.
Example: When used in a real estate transaction, the promissory note covers the promise to repay the amount owed, interest, and maturity date — while the deed of trust or mortgage outlines the other responsibilities of the parties involved more precisely.
