North Carolina 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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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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How to fill out 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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FAQ

For example, you might agree to change the interest rate or the length of the loan. Always put promissory note changes in writing and have the borrower sign off on them, as oral changes can't be enforced in court. Changing a note without the borrower's written agreement makes a promissory note invalid.

Banks set interest rates correspondingly to the rates set by the Federal Reserve. They also consider the interest rates charged by competitors. On a specific loan, banks take into consideration the borrower's creditworthiness, which includes their credit score, income, savings, and other financial metrics.

Today's Mortgage Rates in North Carolina ProductTodayChange30 yr fixed mtg refi7.88%0.0015 yr fixed mtg refi6.88%-0.137/1 ARM refi5.25%-1.3815 yr jumbo fixed mtg refi3.00%-0.043 more rows

Briefly summarized, the statute provides that a judgment for compensatory damages in an action based on tort draws interest at 8% beginning when the case is filed and continuing until the judgment is satisfied. In all other cases, pre- judgment interest is not allowed.

If you lend money to someone and the borrower later wants more time to pay, or lower monthly payments, you can use this form to make changes to the original promissory note.

North Carolina interest rate laws set the maximum rate at 8 percent, but explicitly allow consumers and creditors to "contract for a higher rate." State law also exempts mortgage loans, equity lines of credit, and some other types of credit from the statutory limit.

Amendments to a promissory note may only be made with consent from the lender and will be considered binding by all parties involved. Amendments can be made for significant changes and should be done in a formal manner to minimize liability and confusion with the contract moving forward.

The law says that lenders cannot charge more than 16 percent interest rate on loans. Unfortunately, some lending companies owned by or affiliated with vehicle makers have devised schemes whereby you are charged interest at rates exceeding the maximum permitted by law. This is called usury.

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