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Promissory notes, also known as mortgage notes, are written agreements in which a borrower promises to pay the lender a certain amount of money at a later date. Banks and borrowers typically agree to these notes during the mortgage process.
An assignment transfers all the original mortgagee's interest under the mortgage or deed of trust to the new bank. Generally, the mortgage or deed of trust is recorded shortly after the mortgagors sign it, and, if the mortgage is subsequently transferred, each assignment is recorded in the county land records.
Before a bank can institute a foreclosure proceeding, the bank must record the assignment of the note. The bank must also be in actual possession of the note. If the bank fails to ?produce the note,? that is, cannot demonstrate that the note was assigned to it, the bank cannot demonstrate it owns the note.
Promissory Note Secured by Real Estate Otherwise known as a mortgage, in Texas a security interest in real estate is known as a deed of trust. Texas laws are very strict and unique in the form the documents must take to be enforceable.
Again, the loan transaction consists of two main documents: the mortgage (or deed of trust) and a promissory note. The mortgage or deed of trust is the document that pledges the property as security for the debt and permits a lender to foreclosure if you fail to make the monthly payments.
The Mortgage Electronic Registration System (MERS) is an electronic registry that tracks the servicing rights and ownership interests of residential and commercial mortgage loans. As a homeowner, you might never need to think about MERS.
The Mortgage or Deed of Trust is a legal document in which the borrower transfers the title to a third party (trustee) to hold as security for the lender. When the loan is paid in full the trustee transfers the title back to the borrower.
Mortgage Deed of Trust Although a Deed of Trust is similar to a Mortgage, which is used in other states, it is not a Mortgage. Good to know: Texas does not use mortgages. Instead, Texas uses Deeds of Trust. The document is referred to as a Deed of Trust because there is a Trustee named for the property.