South 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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FAQ

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.

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 original contract may be restated in order to include the new changes that were made by the amendment to the promissory note. Amendments to a promissory note may only be made with consent from the lender and will be considered binding by all parties involved.

If you reach the maturity date and haven't completely paid the loan, the money will be due at that time. If you don't have enough money to pay it in full, you may be able to work with your lender on a payment arrangement.

Once the statute of limitations has ended, a creditor can no longer file a lawsuit related to the unpaid promissory note. However, he or she can still send letters and make phone calls to try to get the debt settled. The money does not stop being owed due to the statute of limitations being over.

The maturity date of the note is the date the loan is due and payment must be received. It depends on the wording of the promissory note as to how the maturity date is calculated. If it states that the term of the note is in months, then the maturity date is simply counted on months.

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.

A maturity date is the date on which the principal amount of a note, draft, acceptance bond, or other debt instrument becomes due. It also refers to the termination or due date on which an installment loan must be paid back in full.

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