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The purpose of the mortgage or deed of trust is to provide security for the loan that's evidenced by a promissory note. Loan Transfers. Banks often sell and buy mortgages from each other. An "assignment" is the document that is the legal record of this transfer from one mortgagee to another.
Assignment of mortgage. a legal instrument stating that the mortgagee assigns (transfers) the mortgage and promissory note to the purchaser.
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.
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.
Although the 1999 amendments to Article 9 of the Code make it reasonably clear that the Code itself provides that ?the mortgage follows the note,? they do not in themselves resolve the potential conflict between the Code and real-property law.
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.
Most people who take out a loan to buy a home sign two primary documents: a mortgage (or deed of trust) and a promissory note. By signing a promissory note, you promise to repay the borrowed amount, usually with monthly payments.
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.