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With a note and deed of trust, you have to foreclose on the property, and more and more states are enacting strong anti-foreclosure legislation, making it very difficult (and more expensive) to foreclose. With the land sales contract, however, title does not transfer.
A promissory note is a key piece of a home loan application and mortgage agreement. It ensures that a borrower agrees to be indebted to a lender for loan repayment. Ultimately, it serves as a necessary piece of the legal puzzle that helps guarantee that sums are repaid in full and in a timely fashion.
As long as it meets those precedents, a promissory note is a legitimate, legally binding contract. A promissory note can be a simple agreement regarding the terms of the loan from one person to another. In addition to loans, individuals can use promissory notes during a private vehicle transaction.
The Short Version Deed: Proof of ownership. Contract for Deed: Installment sale arrangement. Deed of Trust: Lender's security claim to a property. Trust: Legal entity to hold and operate a property.
To be enforceable, a land sale contract must satisfy the Statute of Frauds, which generally requires that these contracts be in writing and signed by the parties. Note that this writing is apart from the instrument under which the actual transfer takes place, which is known as the ?deed.?
Also known as a contract for deed, land-installment contract, bond for deed, bond for title or agreement for deed, a land contract is a form of seller financing that may appeal to buyers or sellers who want an alternative to a traditional mortgage.
Contracts indicate the type and amount of payment for services or goods rendered. In the case of a legal promissory note, the contract will be shaped around the amount of money or capital loaned and the terms of repayment of the promissory note.
However, land contracts may carry significant risks for the buyer. The biggest risk of all is that land contracts typically include a forfeiture clause, which allows the seller to cancel the contract if the buyer defaults on the contract, which could include making a single late payment. This is a harsh consequence.