Virginia Agreement to Change or Modify Interest Rate, Maturity Date, and Payment Schedule of Promissory Note Secured by a Deed of Trust

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A deed of trust is a document which pledges real property to secure a loan, used instead of a mortgage in certain states. A deed of trust involves a third party called a trustee, usually an attorney of officer of the lender, who acts on behalf of the lender. When you sign a deed of trust, you in effect are giving a trustee title to the property, but you hold the rights and privileges to use and live in or on the property. If the loan becomes delinquent the beneficiary can file a notice of default and, if the loan is not brought current, can demand that the trustee begin foreclosure on the property so that the beneficiary (lender) may either be paid or obtain title. Unlike a mortgage, a deed of trust also gives the trustee the right to foreclose on your property without taking you to court first.


An agreement modifying a promissory note and deed of trust should be signed by both parties to the transaction and recorded in the office of the register of deeds and mortgages where the original deed of trust was recorded.


The Virginia Agreement to Change or Modify Interest Rate, Maturity Date, and Payment Schedule of Promissory Note Secured by a Deed of Trust is a legally binding document that enables the parties involved to modify the terms of an existing promissory note secured by a deed of trust in the state of Virginia. This agreement allows borrowers and lenders to make adjustments to the interest rate, maturity date, and payment schedule of the promissory note to better suit their current financial circumstances or other mutual agreements. There are several types of Virginia Agreement to Change or Modify Interest Rate, Maturity Date, and Payment Schedule of Promissory Note Secured by a Deed of Trust, including: 1. Interest Rate Modification Agreement: This type of modification agreement focuses solely on adjusting the interest rate of the existing promissory note. Parties may negotiate a reduction or increase in the interest rate to reflect current market conditions or accommodating changes in the borrower's financial situation. 2. Maturity Date Extension Agreement: In this type of modification agreement, the parties involved agree to extend the maturity date of the promissory note. This could be beneficial if the borrower needs more time to repay the loan, or if they are facing temporary financial hardship. 3. Payment Schedule Modification Agreement: This modification agreement focuses on altering the payment schedule of the promissory note. Parties may negotiate changes to the frequency, amount, or timing of payments to better align with the borrower's cash flow or financial capabilities. 4. Comprehensive Modification Agreement: This type of modification agreement combines changes to the interest rate, maturity date, and payment schedule. It provides a comprehensive solution for borrowers and lenders to address multiple aspects of the promissory note simultaneously. Regardless of the type of modification agreement, it is essential for both parties to carefully review and understand the terms and conditions before signing. Seeking legal advice and consultation is highly recommended ensuring compliance with Virginia laws and to protect the interests of all involved parties.

The Virginia Agreement to Change or Modify Interest Rate, Maturity Date, and Payment Schedule of Promissory Note Secured by a Deed of Trust is a legally binding document that enables the parties involved to modify the terms of an existing promissory note secured by a deed of trust in the state of Virginia. This agreement allows borrowers and lenders to make adjustments to the interest rate, maturity date, and payment schedule of the promissory note to better suit their current financial circumstances or other mutual agreements. There are several types of Virginia Agreement to Change or Modify Interest Rate, Maturity Date, and Payment Schedule of Promissory Note Secured by a Deed of Trust, including: 1. Interest Rate Modification Agreement: This type of modification agreement focuses solely on adjusting the interest rate of the existing promissory note. Parties may negotiate a reduction or increase in the interest rate to reflect current market conditions or accommodating changes in the borrower's financial situation. 2. Maturity Date Extension Agreement: In this type of modification agreement, the parties involved agree to extend the maturity date of the promissory note. This could be beneficial if the borrower needs more time to repay the loan, or if they are facing temporary financial hardship. 3. Payment Schedule Modification Agreement: This modification agreement focuses on altering the payment schedule of the promissory note. Parties may negotiate changes to the frequency, amount, or timing of payments to better align with the borrower's cash flow or financial capabilities. 4. Comprehensive Modification Agreement: This type of modification agreement combines changes to the interest rate, maturity date, and payment schedule. It provides a comprehensive solution for borrowers and lenders to address multiple aspects of the promissory note simultaneously. Regardless of the type of modification agreement, it is essential for both parties to carefully review and understand the terms and conditions before signing. Seeking legal advice and consultation is highly recommended ensuring compliance with Virginia laws and to protect the interests of all involved parties.

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§ 6.2-301. The legal rate of interest shall be an annual rate of six percent. B. Except as provided in subsection (b) of § 8.3A-112 and § 6.2-302, the legal rate of interest shall be implied when there is an obligation to pay interest and no express contract to pay interest at a specified rate.

FindLaw Newsletters Stay up-to-date with how the law affects your life Legal Maximum Rate of Interest8% unless contract specifies (§6.1-330.53)Penalty for Usury (Unlawful Interest Rate)Borrower may recover twice interest paid, court costs, and unreasonable attorney's fees (§6.1-330.57)2 more rows

No person may be named or act, in person or by agent or attorney, as the trustee of a deed of trust conveying property to secure the payment of money or the performance of an obligation, either individually or as one of several trustees, unless such person is a resident of the Commonwealth.

A. The judgment rate of interest shall be an annual rate of six percent, except that a money judgment entered in an action arising from a contract shall carry interest at the rate lawfully charged on such contract, or at six percent annually, whichever is higher.

A seller or lender engaged in extending credit under an open-end credit plan to a resident of the Commonwealth or to any individual in the Commonwealth shall not charge, collect, or receive, directly or indirectly, credit insurance premiums, charges for any ancillary product sold, charges for negotiating forms of loan ...

§ 6.2-303. Except as otherwise permitted by law, no contract shall be made for the payment of interest on a loan at a rate that exceeds 12 percent per year.

A deed of trust that has been recorded and that states that it secures indebtedness or other obligations under a loan document and that it also secures indebtedness or other obligations under such loan document as it may be amended, modified, supplemented, or restated shall secure such loan document as amended, ...

The party secured by the deed of trust, or the holders of greater than fifty percent of the monetary obligations secured thereby, shall have the right and power to appoint a substitute trustee or trustees for any reason and, regardless of whether such right and power is expressly granted in such deed of trust, by ...

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WHEREAS, the Borrower and the Bank have agreed to modify the interest rate(s) applicable to the Loan;. WHEREAS, the Borrower and the Bank have agreed to modify ... “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the ...A covenant to pay interest shall be deemed a covenant to pay interest on the principal balance as such rate may vary or be modified from time to time by the ... Effect of amendment to loan document on deed of trust. A deed of trust that has been recorded and that states that it secures indebtedness or other obligations ... It also includes information about key dates such as when the interest rate for the loan quoted in the GFE expires and when the estimate for the settlement ... THIS LOAN MODIFICATION AGREEMENT (the “Modification Agreement”), dated as of July 1, 2017, is by and between THE FIRST BANK & TRUST COMPANY (the “Bank”),. May 2, 2023 — “Change Date” means each date on which the interest rate could change. ... The interest rate the Borrower is required to pay at the first Change ... DUE DATE: The entire balance of this Note together with any and all interest ... WHEN PAID this original Note together with the Deed of Trust securing the ... Grantee tax rate applied to greater of the consideration paid or the actual value of the property conveyed. Name of Borrower: See instructions for completion of Mezzanine Loan Agreement. Date of Note: Insert the date of the Mezzanine Promissory Note as the closing ...

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Virginia Agreement to Change or Modify Interest Rate, Maturity Date, and Payment Schedule of Promissory Note Secured by a Deed of Trust