promissory_note
Table of Contents
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
