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A promissory note is a written agreement between one party (you, the borrower) to pay back a loan given by another party (often a bank or other financial institution).
A promissory note is a written agreement to pay someone essentially an IOU. But it's not something to be taken lightly. "It is a legally binding written document effectuating a promise to repay money," says Andrea Wheeler, a business attorney and owner of Wheeler Legal PLLC of Florida.
A promissory note is not the same as a contract. A contract details all the terms of a legal agreement. A promissory note covers only the following: The date by when someone needs to be paid.
A promissory note is a key piece of a home loan application and mortgage agreement, ensuring 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.
Promissory notes are ideal for individuals who do not qualify for traditional mortgages because they allow them to purchase a home by using the seller as the source of the loan and the purchased home as the source of the collateral.
Unlike a deed of trust or mortgage, the promissory note is typically not recorded in the county land records (except in a few states like Florida). Instead, the lender holds on to this document until the amount borrowed is repaid.
In many ways, a promissory note functions as a kind of IOU document, although in practice it is more complex. However, it is also much more informal than a loan agreement and does not legally bind the lender in the same way, although the borrower is still bound to the promissory note.
A Promissory note is a contract, which means that it is legally binding. However, it must include certain conditions to ensure it is enforceable.
Promissory Notes Are Legal Contracts 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.
The lender holds the promissory note while the loan is being repaid. Then the note is marked as paid. It's returned to the borrower when the loan is satisfied.