West Virginia Mortgage Note
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How to fill out Mortgage Note?
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FAQ
The Court's holding requires that prior to the assignee of a mortgage loan filing suit on the note or mortgage, the assignee must have received both an allonge/assignment of the note and an assignment of the mortgage.
Promissory Note Vs. Mortgage. A promissory note is a document between the lender and the borrower in which the borrower promises to pay back the lender, it is a separate contract from the mortgage. The mortgage is a legal document that ties or "secures" a piece of real estate to an obligation to repay money.
A promissory note is a written promise by one party to make a payment of money at a date in the future. Although potentially issued by financial institutions, other organizations or individuals can use promissory notes to confirm the agreed terms of a loan. In short, a promissory note allows anyone to act as a lender.
Your lender will typically provide you with a copy of the promissory note, along with several other documents, when you close on your home purchase. The lender will keep the original promissory note until the loan is paid off.
It just says the lender can take the property should the homeowner fail to pay. Mortgages are filed in the courthouse as public record, and anyone listed on the deed must be listed on the mortgage. But that person doesn't have to be the same person listed on the note as the party responsible for the debt.
Because there are secured and unsecured loans, you can have a promissory note without a mortgage ? which is considered an unsecured loan. However, you typically can't have a mortgage without a promissory note, ing to Chase Bank. The promissory note is a crucial legal document to protect the lender.
As the borrower, you'll receive a copy of your mortgage note at closing, not the original. The original mortgage note is held by your mortgage lender or servicer until (or unless) the lender sells it on the secondary market. Most lenders do this relatively quickly after closing.
In real estate, however, a secured or unsecured promissory note must be issued for every new home loan. For example, if you've ever refinanced a home, you signed a new promissory note because a refinanced loan is a new loan.
