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Is a witness or notary required for an Alabama promissory note? While not mandatory, having a witness or getting the note notarized by a notary public can add an extra layer of validity. What happens if the borrower defaults on the loan?
A promissory note is a legal document that states the borrower is indebted to the lender and promises to pay their mortgage back in full (including the principal and interest rate) by a specified date. Promissory notes describe exactly what youre agreeing to and provide you with details regarding your loan.
Promissory Note vs. Mortgage. A promissory note is a written agreement containing the details of the mortgage loan, whereas a mortgage is a loan that is secured by real property. A promissory note is often referred to as a mortgage, but they are separate contracts.
A borrower usually must sign a promissory note along with the mortgage. The promissory note gives legal protections to the lender if the borrower defaults on the debt and provides clarification to the borrower so that they understand their repayment obligations.
Although most people in California refer to a loan secured by a house as a mortgage, the legally accurate terminology is a promissory note secured by a deed of trust.
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Promissory notes are different from mortgages. The note outlines the legal promise to pay while the mortgage creates a legal claim against the property being used as collateral for the loan.
The property that secures a note is called collateral, which can be either real estate or personal property. A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust.
Borrowers promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the Security Instrument. The Security Instrument protects the Lender from losses, which might result if Borrower defaults under this Note.

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