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promissory_note

Promissory Note

A promissory note is a written promise by a borrower to repay a loan according to specified terms.

Key Characteristics

  • Evidence of the debt
  • Contains the borrower’s promise to pay
  • Specifies loan terms (amount, interest, repayment schedule)
  • Is negotiable in many cases
  • Separate from the security instrument

Parties to a Promissory Note

  • Maker – borrower (promises to pay)
  • Payee – lender (receives payment)

Promissory Note vs Security Instrument

  • Promissory Note
    • Creates the personal obligation to repay
    • Unsecured by itself
  • Mortgage / Deed of Trust
    • Secures the note with real property
    • Creates a lien

Default

  • Failure to pay as agreed
  • Allows lender to enforce remedies under the security instrument

Exam Tip

  • The note is the debt
  • The mortgage or deed of trust is the security
promissory_note.txt · Last modified: by reidjs