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The mortgage is not an ownership interest for the lender?it is just a vehicle that the lender uses to foreclose, if needed. Because of that, any person on the deed must sign and be on the mortgage. However, someone can be on the mortgage, but not be someone who is on the promissory note.
The Deed is a recorded document memorializing the transfer of property from the Grantor to the Grantee. The Note is an unrecorded paper that binds an individual who has assumed debt through a promise-to-pay instrument.
The Court's holding requires that prior to the assignee of a mortgage loan filing suit on the note or mortgage, the assignee must have received both an allonge/assignment of the note and an assignment of the mortgage.
Because there are secured and unsecured loans, you can have a promissory note without a mortgage ? which is considered an unsecured loan. However, you typically can't have a mortgage without a promissory note, ing to Chase Bank. The promissory note is a crucial legal document to protect the lender.
A mortgage is a type of contract. What makes it special is that it's a loan secured by real estate. A mortgage note is the document that you sign at the end of your home closing. It should accurately reflect all the terms of the agreement between the borrower and the lender or be corrected immediately if it doesn't.
A borrower usually must sign a promissory note along with the mortgage. The promissory note gives legal protections to the lender if the borrower defaults on the debt and provides clarification to the borrower so that they understand their repayment obligations.
Promissory Note Vs. Mortgage. A promissory note is a document between the lender and the borrower in which the borrower promises to pay back the lender, it is a separate contract from the mortgage. The mortgage is a legal document that ties or "secures" a piece of real estate to an obligation to repay money.