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Promissory notes are ideal for individuals who do not qualify for traditional mortgages because they allow them to purchase a home by using the seller as the source of the loan and the purchased home as the source of the collateral.
As when applying for a traditional mortgage, a promissory note is signed which obligates the buyer to make principal and interest payments according to a preset schedule. Should the buyer default on payments, the seller can foreclose on the property and sell the home.
At its most basic, a promissory note should include the following things:Date.Name of the lender and borrower.Loan amount.Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral?Payment amount and frequency.Payment due date.Whether the loan has a cosigner, and if so, who.
A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.
The buyer gives a down payment to the seller that acts as a gesture of good faith as well as security for the repayment of the note. The home's deed also acts as collateral on the note and should the buyer default, the deed and the down payment are kept by the seller.