Indiana Mortgage Note

State:
Multi-State
Control #:
US-03108BG
Format:
Word; 
Rich Text
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Description

A mortgage note is a promissory note promising to repay a specified sum of money plus interest at a specified rate and length of time to fulfill the promise. The collateral for the Note is a Mortgage. While the mortgage itself pledges the title to real property as security for a loan, the mortgage note states the amount of debt and the rate of interest, and obligates the borrower, who signs the note, personally to be responsible for repayment. In foreclosure proceedings in certain jurisdictions, borrowers may require the foreclosing party to produce the note as evidence that they are the true owners of the debt.
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FAQ

A secured note is guaranteed by an interest in an asset that is worth at least the amount of the note. If you have a mortgage or an automobile loan, you are the borrower in a secured note. In the case of a mortgage, you hold a secured note with your home pledged as collateral.

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 loan note can offer greater flexibility than a simple loan agreement, while still being legally actionable should it need to be upheld in court. They are also much easier to enforce than an informal IOU because the legal terms of the agreement are much more clearly defined.

So, as a rule of thumb, if someone is on the Deed, they must be on the Mortgage. But just because they are on the Mortgage, doesn't mean they are on the Note.

Although it is legally enforceable, a promissory note is less formal than a loan agreement and is suitable where smaller sums of money are involved. However, its terms - which can include a specific date of repayment, interest rate and repayment schedule - are more certain than those of an IOU.

A promissory note is a written agreement containing the details of the mortgage loan, whereas a mortgage is a loan that is secured by real property. A promissory note is often referred to as a mortgage, but they are separate contracts.

A borrower usually must sign a promissory note along with the mortgage. The promissory note gives legal protections to the lender if the borrower defaults on the debt and provides clarification to the borrower so that they understand their repayment obligations.

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Indiana Mortgage Note