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All parties must print their names on the document. A promissory note is not required to be witnessed or notarized in Colorado. Still, you may decide to have the document certified by a notary public. Doing so can offer protection in the event of a lawsuit.
With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrower's promise (hence the name) to pay.
A promissory note is a promise to pay and includes things such as interest rates, default rates, late fees, penalties, etc. The Deed of Trust makes the promissory note a debt secured by a lien on the subject property. In Colorado a promissory note must include the loan amount, payment schedule and time frame.
The Recorded Deed of Trust, either an original or a copy, must include the parties, the grant to the Public Trustee, and the legal description of the property.. The Clerk and Recorder's stamp must be on the document and legible.
Capp (1893) 99 Cal. 153, 157.) Next, the Statute of Frauds requires that the document be signed by the party whom the document is being enforced against. Therefore, a deed of trust needs to be signed by the trustor.
A Standard Document used for transferring an interest in an unsecured promissory note to a revocable trust that can be customized for use in any US jurisdiction. This Standard Document contains integrated notes and drafting tips.
A trust deed is always used together with a promissory note that sets out the amount and terms of the loan. The property owner signs the note, which is a written promise to repay the borrowed money.
The promissory note is held by the lender until the loan is paid in full, and generally is not recorded with the county recorder or registrar of titles (sometimes also referred to as the county clerk, register of deeds, or land registry) whereas a deed of trust is recorded.