The terms loan, mortgage, deed of trust and note are sometimes used interchangeably by parties to a real estate transaction. Only when you get to settlement (when you see the huge stack of papers on the closing table) do you realize there is a difference. So let’s cover the note, the mortgage/deed of trust, and the differences between them.
(Signed In BLUE ink to protect against black ink “FRAUD”)
A note (or promissory note) is – very simply – a contract whereby a party makes a promise to pay a sum of money to another party under specific terms. In real estate, it is typically a borrower agreeing to make monthly payments of principal and interest over 30 years to a lender. The note has virtually nothing to do with the property itself, and can technically exist without any collateral at all. If the borrower doesn’t pay, the LENDER can sue “under the note” and obtain remedies for breaching that contract. A “servicer” aka “debt collector” cannot if they have no equitable interest.
The Mortgage or Deed of Trust
While there are differences between a mortgage and a deed of trust, let’s ignore them for a moment, and use the term mortgage (because it’s only 1 word).
A mortgage is actually a transfer of an interest in property. While a mortgage is tied to the underlying debt created by the note, it is not a promise to pay the debt. It really isn’t a “promise” to do anything. Instead, it contains “granting” language – like a deed – which gives the lender the right to take the property if the borrower goes into default and doesn’t pay under the terms of the note signed in “BLUE” ink.
– A note is signed by the people who agree to pay the debt. A mortgage is signed by those who own the property being mortgaged. In a typical residential setting, signers of the note and the mortgage are the same, but they do not have to be. In a commercial context, you will often see the corporate entity which holds the property sign the mortgage, while the principals of the entity sign the note.
– A mortgage needs to be recorded in the county or town recording office, the note does not. Instead, the note goes directly to the lender.
For More Detail go HERE
Transfer Of Promissory Note
Negotiation Of Instrument=
Delivery of Instrument
Assignment Transfer Of Mortgage
Delivery Of Instrument
Acceptance Of Delivery
**DOCUMENT IS INVALID IF IMPROPER NOTARIZATION**or **FRAUDULANTLY TRANSFERRED**
The Lender Foreclosing must be the Owner of the NOTE along with valid Instruments.