Hawaii Agreement to Change or Modify Interest Rate, Maturity Date, and Payment Schedule of Promissory Note Secured by a Deed of Trust

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US-01370BG
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Description

A deed of trust is a document which pledges real property to secure a loan, used instead of a mortgage in certain states. A deed of trust involves a third party called a trustee, usually an attorney of officer of the lender, who acts on behalf of the lender. When you sign a deed of trust, you in effect are giving a trustee title to the property, but you hold the rights and privileges to use and live in or on the property. If the loan becomes delinquent the beneficiary can file a notice of default and, if the loan is not brought current, can demand that the trustee begin foreclosure on the property so that the beneficiary (lender) may either be paid or obtain title. Unlike a mortgage, a deed of trust also gives the trustee the right to foreclose on your property without taking you to court first.


An agreement modifying a promissory note and deed of trust should be signed by both parties to the transaction and recorded in the office of the register of deeds and mortgages where the original deed of trust was recorded.

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FAQ

Secured promissory notes By assuring that the property attached to the note is of sufficient value to cover the amount of the loan, the payee thus has a guarantee of being repaid. The property that secures a note is called collateral, which can be either real estate or personal property.

The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the ?Note Holder.?

Your lender will keep the original promissory note until your loan is paid off.

Loan maturity date refers to the date on which a borrower's final loan payment is due. Once that payment is made and all repayment terms have been met, the promissory note that is a record of the original debt is retired. In the case of a secured loan, the lender no longer has a claim to any of the borrower's assets.

The lender keeps the original promissory note until you have fulfilled all obligations, i.e., paid off, your mortgage. A promissory note will generally contain the following information: The total amount of money borrowed; Your interest rate (either fixed or adjustable);

A loan agreement is made between the creditor (the lender) and the borrower (the debtor), although it is generally prepared by the lender's legal counsel in order to ensure the legal enforceability of the contract.

But actually, the signed promissory note represents a promise to repay the mortgage or loan, along with the repayment terms. The promissory note describes the debt's amount, interest rate, and late fees. A lender holds the promissory note until the mortgage loan is paid off.

A mortgage creates a security interest in the property (a lien) for the lender, while the promissory note serves as the borrower's written promise to repay the debt.

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Hawaii Agreement to Change or Modify Interest Rate, Maturity Date, and Payment Schedule of Promissory Note Secured by a Deed of Trust