New Mexico 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 mortgage note is the document that you sign at the end of your home closing. It should accurately reflect all the terms of the agreement between the borrower and the lender or be corrected immediately if it doesn't.

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.

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.

Promissory notes may also be referred to as an IOU, a loan agreement, or just a note. It's a legal lending document that says the borrower promises to repay to the lender a certain amount of money in a certain time frame. This kind of document is legally enforceable and creates a legal obligation to repay the loan.

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.

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.

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New Mexico Mortgage Note