This is a form of Promissory Note for use where commercial property is security for the loan. A separate deed of trust or mortgage is also required.
Pennsylvania Installments Fixed Rate Promissory Note Secured by Commercial Real Estate
Category:
State:
Pennsylvania
Control #:
PA-NOTESEC3
Format:
Word;
Rich Text
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Description Installments Promissory Secured
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The individual who promises to pay is the maker, and the person to whom payment is promised is called the payee or holder. If signed by the maker, a promissory note is a negotiable instrument.
A secured promissory note is an obligation to pay that is secured by some type of property. This means that if the payor fails to pay, the payee can seize the designated property to obtain reimbursement of the loan.If the collateral is real property, there will be either a mortgage or a deed of trust.
What Is a Promissory Note? A promissory note is a financial instrument that contains a written promise by one party (the note's issuer or maker) to pay another party (the note's payee) a definite sum of money, either on demand or at a specified future date.
Promissory notes are legally binding whether the note is secured by collateral or based only on the promise of repayment. If you lend money to someone who defaults on a promissory note and does not repay, you can legally possess any property that individual promised as collateral.
When a loan changes hands, the promissory note is endorsed (signed over) to the new owner of the loan. In some cases, the note is endorsed in blank which makes it a bearer instrument under Article 3 of the Uniform Commercial Code. So, any party that possesses the note has the legal authority to enforce it.
Promissory notes are a valuable legal tool that any individual can use to legally bind another individual to an agreement for purchasing goods or borrowing money. A well-executed promissory note has the full effect of law behind it and is legally binding on both parties.
The lender holds the promissory note while the loan is being repaid, then the note is marked as paid and returned to the borrower when the loan is satisfied. Promissory notes aren't the same as mortgages, but the two often go hand in hand when someone is buying a home.
Unlike a mortgage or deed of trust, the promissory note isn't recorded in the county land records. The lender holds the promissory note while the loan is outstanding. When the loan is paid off, the note is marked as "paid in full" and returned to the borrower.
A promissory note can be secured with a pledge of collateral, which is something of value that can be seized if a borrower defaults.