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As part of the home loan mortgage process, you can expect to execute both a legally binding mortgage and mortgage promissory note, which work toward complementary purposes.
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.
A promissory note is the document that sets forth the terms of a loan's repayment. A promissory note can be secured with a pledge of collateral, which is something of value that can be seized if a borrower defaults.
Secured Promissory Notes The property that secures a note is called collateral, which can be either real estate or personal property. A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust.
A mortgage is a loan secured by property that is used as collateral, which the lender can seize if the borrower defaults on the loan. The promissory note is exactly what it sounds like the borrower's written, signed promise to repay the loan.
A Secured Promissory Note is a legal agreement that requires a borrower to provide security for a loan. With this lending document, the borrower puts forth their personal property or real estate as collateral if the loan isn't repaid.
A Promissory Note may be secured or unsecured. In case of a secured note, the borrower will be required to provide a collateral such as property, goods, services, etc., in the event that they fail to repay the borrowed amount.
Generally, a Secured Promissory Note will be secured using an additional document. If the property being used as collateral is personal property, the Note will be secured using a Security Agreement. If the property being used as collateral is real property, the Note will be secured using a Deed of Trust.
A secured promissory note, as the name partially implies, is secured by some form of property (i.e. collateral), while an unsecured promissory note does not involve collateral. If the borrower defaults on a Secured Promissory Note, the lender gets to keep the collateral (the property that was used to secure the loan).