Mortgage Note: What It Is and How It Works (2024)

What Is a Mortgage Note?

A mortgage note is a legal document for the loan contract between the lender and borrower when purchasing real estate. Once signed by both parties, this document is legally binding and includes details such as the loan terms, the monthly payment amount, the interest payment, and penalties incurred for late or missed payments.

Key Takeaways

  • A mortgage note is a legal document signed when closing on a mortgage.
  • The mortgage note contains details about a loan, including interest, monthly payments, and penalties for late payments.
  • The mortgage note establishes the property as collateral for the loan.

Real Estate Closing

Near the end of the mortgage process, borrowers will be ready to close on a property and sign important documents. A title company or an attorney will commonly host the closing. At this meeting, borrowers sign a mortgage note, which generally holds two parts:

  • A promissory note is a legal document representing the borrower's agreement to repay the loan. The note details the loan value, the interest rate charged by the lender, the due dates for payments, and the loan terms.
  • The mortgage portion is the document that gives the mortgage provider the right to take the property if the borrower fails to pay the mortgage under the loan terms.

The U.S. Department of Housing and Urban Development (HUD) provides an example of a standard mortgage promissory note on its website.

Mortgage Note Details

Mortgage notes vary among lenders, but every mortgage note contains the same basic information. The promissory note portion includes:

  • The dollar amount of the mortgage loan.
  • The interest rate that borrowers will pay. If the rate is adjustable, the document will explain how and when the interest rate will be adjusted.
  • The down payment amount.
  • Whether monthly or bimonthly payments are required.
  • Whether a prepayment penalty is imposed.
  • The penalties for late payments.

A mortgage note may contain details such as an occupancy section stating that the borrower must occupy the property as a principal residence. There may also be a clause that states borrowers cannot store hazardous substances on the property.

Who Holds the Mortgage Note?

The mortgage note will be held by a mortgage provider.

What If a Borrower Defaults on a Mortgage?

If a borrower defaults on a mortgage, the lender can begin foreclosure proceedings. The party pursuing the foreclosure must produce the mortgage note. However, the Uniform Commercial Code (UCC), a set of business laws that regulate financial contracts employed across states, does allow for foreclosures in cases of lost notes.

How Do Borrowers Obtain a Copy of a Mortgage Note?

Borrowers receive a copy of the note when they close on the house or property. The note holder and the county recording office should also have copies.

The Bottom Line

A mortgage note is a legal document signed when closing a mortgage. It gives details of the amount of the loan and the terms of the agreement. A mortgage note also establishes the property as collateral for the loan. Before signing, borrowers should ensure that their mortgage note is correct and all terms agreed upon are recorded correctly.

Mortgage Note: What It Is and How It Works (2024)

FAQs

Mortgage Note: What It Is and How It Works? ›

It will include your loan amount, down payment, repayment term and additional conditions set by the mortgage lender. The mortgage note is signed by borrowers at the end of the home buying process stating your promise to repay the money you're borrowing from your mortgage lender.

How does a mortgage note work? ›

The mortgage note is created by the lender of a mortgage loan and is one of the many documents a buyer or buyers will sign at closing on a property purchase. Once signed, the borrower is obligated to repay the loan according to the terms in the note.

Does a mortgage note commit you to paying your loan? ›

Mortgage notes give lenders security during the lending process, as without the note, borrowers would not be legally bound to repay the loan. Once the note has been signed by both parties, it is legally binding and permits the lender to take legal action if the borrower defaults on the loan.

What is the difference between a mortgage statement and a mortgage note? ›

Difference Between Mortgage And Note

A mortgage note is a written agreement outlining the specifics of a mortgage loan. Whereas a mortgage, is a loan backed by actual property. A mortgage note, also known as a promissory note, is the document that is generated and signed at the time of closing.

What is the difference between signing the mortgage and the note? ›

By signing a promissory note, you promise to repay the borrowed amount, usually with monthly payments. Signing a mortgage allows the lender to get its money back if you don't make those payments—through a foreclosure.

What happens when you buy a mortgage note? ›

And when you purchase a mortgage note, you become the lender. You have all the rights of the lender. You don't own the real estate, but you have a right to take the collateral if the borrower doesn't pay. The two broadest classes of Real Estate Notes are commercial (e.g., apartments, office space, industrial, etc.)

What happens when a mortgage note is paid off? ›

Once you've made your final payment, the lender will send you a final statement showing that your account balance is zero. The lender will also send you a document that gets recorded or filed releasing the lien of the mortgage or trust deed.

How do mortgage notes make money? ›

Investing in mortgage notes provides a consistent cash flow through monthly mortgage payments. These payments include the interest accrued on the loan and the repayment of the principal amount. This steady income stream can be a reliable source of passive income, allowing investors to plan and budget effectively.

Who holds the mortgage note? ›

The note holder of a mortgage is the entity or individual who legally holds the promissory note and has the right to collect payments from the borrower. This can be the original lender, or the note may have been sold or transferred to another financial institution, an investor, or a trust.

How much is a mortgage note worth? ›

Typically, sellers may receive between 65% to 95% of the note's face value, but prices can vary widely based on the note's perceived risk and current market conditions. Navigating the world of mortgage notes can feel like walking through a maze, especially when you're looking to sell or cash out.

Why do banks sell mortgage notes? ›

Banks often sell mortgage notes to meet liquidity needs. This allows them to free up capital that can be used for new loans or other investments. Selling notes on the secondary market turns a long-term asset into immediate cash.

What is another name for a mortgage note? ›

Promissory notes, also known as mortgage notes, are written agreements in which a borrower promises to pay the lender a certain amount of money at a later date. Banks and borrowers typically agree to these notes during the mortgage process.

Can you sell a mortgage note? ›

A mortgage note is a relatively easy-to-sell, high-value asset, so selling it can provide the owner with the funds they need to address an urgent financial need.

Is a mortgage note a legal document? ›

A mortgage note is a legal document that sets out all the terms of the mortgage between a borrower and their lending institution.

Why should the note be attached to a mortgage document? ›

Critical Document

The mortgage note stands as the cornerstone of the home buying process. It not only signifies the borrower's promise to repay the loan but also secures this promise by attaching it directly to the property.

Is buying mortgage notes a good investment? ›

Key takeaways: Buying mortgage notes can be a good investment for B2B companies, offering potential high yields and asset security. It provides a stream of income from borrower's repayments and potential property ownership if default occurs.

What is the difference between a mortgage note and a deed of trust? ›

Mortgages don't loop in the third party; the agreement is just between the lender and the borrower. With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note.

Who owns my mortgage note? ›

Call Your Mortgage Loan Servicer

The easiest option for finding out who owns your mortgage loan is to call the servicer and ask who holds your loan. You can also ask who backs it.

How much can you sell a mortgage note for? ›

The value of a mortgage note depends on several variables. Reputable buyers may offer around $0.70 on the dollar for the remaining principal balance, depending on the amount of risk they must take on should they purchase the note.

References

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