An agreement modifying a loan agreement and mortgage should be signed by both parties to the transaction and recorded in the office of the register of deeds and mortgages where the original mortgage was recorded. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Agreement to Modify Interest Rate on Promissory Note Secured by a Mortgage
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State:
Multi-State
Control #:
US-01366BG
Format:
Word;
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Mortgage Promissory Note Example FAQ
If your modification is temporary, you'll likely need to return to the original terms of your mortgage and repay the amount that was deferred before you can qualify for a new purchase or refinance loan.
When you take a loan modification, you change the terms of your loan directly through your lender. Most lenders agree to modifications only if you're at immediate risk of foreclosure. A loan modification can also help you change the terms of your loan if your home loan is underwater.
Starting the Document. Write the date at the top of the page. Write the Terms of the Loan. State the purpose of the personal payment agreement and the terms for returning the money. Date the Document. Statement of Agreement. Sign the Document. Record the Document.
The Promissory Note is hereby modified and amended by deleting the last sentence of the first paragraph of the Promissory Note in its entirety, and replacing it with the following: All outstanding principal and interest shall be due and payable on June 3, 2012 (the Due Date).
You have to be suffering a financial hardship. You have to show you cannot afford your current mortgage payments. You have to be able to show that you can stay current on a modified payment schedule.
To secure a promissory note means that you identify some specific property and attach it to the note. Then, if the borrower defaults on the loan, you will be able to repossess the collateral as compensation for the loan.
Either way, it stays on your report for seven years.
The Loan shall be evidenced and governed by a new promissory note (the New Note) which amends and restates in its entirety, but does not extinguish, the Note. Anything to the contrary notwithstanding, if any inconsistency exists between the Loan Agreement and the New Note, the New Note shall control.
Loan modification is when a lender agrees to alter the terms of a homeowner's mortgage to help them avoid default and keep their house during times of financial hardship. The goal of a mortgage loan modification is to reduce the borrower's payments so they can afford their loan month-to-month.