South Dakota Commercial Mortgage as Security for Balloon Promissory Note

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US-01514BG
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A balloon payment is the final payment needed to satisfy the payment of the entire principal amount due on a note, if different from the monthly payment. It is a lump-sum principal payment due at the end of a loan. For example, a loan may have monthly payments as if the principal amount were amortized over thirty (30), but a balloon payment could be due at the end of fifteen (15) years, at which time the loan would have to be paid in full or refinanced.


Some states may require that the balloon mortgage clause appear in bold or upper case typeface. It is placed at the top of the first page and again directly above the signature lines. The clause might be required when the final payment or principal balance due at maturity is greater than twice the amount of the regular monthly or periodic payment. A different statutory clause may be required when the note has a variable or adjustable interest rate. Failure to include the clause may result in an automatic extension of the maturity date of the mortgage.

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  • Preview Commercial Mortgage as Security for Balloon Promissory Note
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  • Preview Commercial Mortgage as Security for Balloon Promissory Note
  • Preview Commercial Mortgage as Security for Balloon Promissory Note

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FAQ

A balloon payment isn't allowed in a type of loan called a Qualified Mortgage, with some limited exceptions. Tip: A mortgage with a balloon payment can be risky because you owe a larger payment at the end of the loan.

Deeds of trust are used in conjunction with promissory notes. The deed of trust is the security for the amount loaned to finance the real estate purchase, and is secured by the underlying piece of real estate. The deed of trust is what secures the promissory note.

You can take a security interest in a promissory note owed to your debtor in the same way that you can take a security interest in account receivables. You can also take a security interest in any stocks or limited partnership interests owned by the debtor.

So, what's the difference between secured and unsecured promissory notes? It's actually quite simple. A secured note is any debt collateralized with real property like a first deed of trust or car title. Conversely, an unsecured note is any debt not secured by collateral (or uncollateralized).

Secured promissory notes The property that secures a note is called collateral, which can be either real estate or personal property. A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust.

A home mortgage secures a promissory note with the title to the property as collateral. This is done in case the lender ever needs to foreclose and sell the property because the homeowner didn't make their loan payments. Your lender will keep the original promissory note until your loan is paid off.

Secured: A secured promissory note is common in traditional mortgages. It means the borrower backs their loan with collateral. For a mortgage, the collateral is the property. If the borrower fails to pay back their loan, the lender has a legal claim over the asset and, in extreme cases, may foreclose on the property.

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.

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South Dakota Commercial Mortgage as Security for Balloon Promissory Note