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A deed of trust is a document used in real estate transactions. It represents an agreement between the borrower and a lender to have the property held in trust by a neutral and independent third party until the loan is paid off.
Contents. An interest-only secured promissory note is a loan that is secured with property and requires interest-only payments through the life of the loan, with a large balloon payment for the principal at the end of the loan term. This type of loan has benefits and drawbacks to consider.
The deed of trust is what secures the promissory note. The promissory note includes the interest rate, the payment amounts and terms, and the buyer's promise to pay the lender the amount borrowed plus interest.
With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrower's promise (hence the name) to pay.
A mortgage secures a lien on real property. Deeds of trust are not used in New Jersey.
A deed of trust is a legal agreement that's similar to a mortgage, which is used in real estate transactions. Whereas a mortgage only involves the lender and a borrower, a deed of trust adds a neutral third party that holds rights to the real estate until the loan is paid or the borrower defaults.
The Note itself has virtually nothing to do with the property. If the borrower does not pay the agreed amount, the lender can sue ?under the Note? and obtain remedies for breaching the contract. The Deed of Trust is the document that grants the lender the rights to take the property if the loan is not repaid.
An unsecured note carries no collateral, backed only by the promise of the borrower to repay. An example would be an IOU between parties, stipulating a certain interest rate and maturity. Once that arrangement is sold to a third party, the note may become a security.