What Is A Mortgage Note And Why Is It Important?

Understandably, there’s a lot of paperwork and documentation that’s involved in the home buying process. One document that’s important to know about is a mortgage note. A mortgage note is the document that you sign at the end of your home closing. It should accurately reflect all the terms of the agreement between the borrower and the lender or be corrected immediately if it doesn’t.

Knowing exactly what a mortgage note is and how it works can help you feel better prepared for the home buying process.

What Is A Mortgage Note?

A mortgage note is a legal document between a lender and home buyer that provides a description of the mortgage. It states important information pertaining to your mortgage, including the monthly payment amount, the loan terms and any penalties that can be assessed. It also states the property is being used as collateral for the loan.

Once the mortgage note is signed by both the lender and borrower, it becomes legally binding.

What Does A Mortgage Note Look Like?

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

• The total amount of the home loan
• The down payment amount
• Whether monthly or bimonthly payments are required
• Whether the mortgage is fixed or has an adjustable interest rate
• If there is a prepayment penalty

It can be helpful to look at a mortgage note example like the one available from the Department of Housing and Urban Development (HUD).

Mortgage Note Vs. Promissory Note

A mortgage note is often accompanied by a promissory note. A promissory note essentially outlines the terms to pay back the lending institution.

A promissory note provides the financial details of the loan’s repayment, such as the interest rate and method of payment. A mortgage specifies the procedure that will be followed if the borrower doesn't repay the loan. If you live in a deed of trust state, you will not get a mortgage note.

Therefore, it’s essential to ensure that your mortgage note and all other legal documents involved in your home buying process are completely accurate. When you get a mortgage, you and a lawyer should read through the mortgage note to make sure the terms are 100% accurate and that all agreements are included. You want this document to protect you as much as it protects your lending institution.

Who Holds The Original Mortgage Note?

A mortgage note is held by a mortgage provider. Because a mortgage note is a security instrument, it can be bought and sold on the secondary mortgage market. Therefore, mortgage lenders sometimes sell mortgage notes to real estate investors who are attracted to these relatively risk-free investments and the potential to earn passive income.

What Happens When A Mortgage Note Is Sold?

Regardless of who holds the mortgage note, the borrower is obligated to follow the terms of the mortgage. The borrower won’t be affected by any change in who holds the note because the payments will consistently be made to a third-party entity throughout the life of their loan.

The borrower won’t have the original copy of their mortgage note until they’ve paid off their loan. At closing, the borrower will receive a copy of the mortgage note.

This is part of the legal process and helps the borrower to understand what their responsibility is in paying back a loan. Once they’ve paid off the entirety of the loan, they’ll receive the deed to their home.

What Happens To A Mortgage Note With A Loan Default?

Real estate investors want people to pay off their mortgages in the time allotted because it yields the highest return on their investment. Therefore, they don’t want borrowers to default on their loan or pay off the loan before the end of the term.

If a buyer defaults on a loan or fails to adhere to the terms of the mortgage, the real estate investor can begin the foreclosure process. In most states, when a real estate investor starts the foreclosure process, it’s called a judicial foreclosure.

The party pursuing the foreclosure must produce the note to prevail. In deed of trust states, a trustee becomes legal owner of the property, and the trustee brings a nonjudicial foreclosure in case of default.

What Happens To A Mortgage Note If The Borrower Pays Off The Mortgage?

When a borrower pays off a mortgage, the note holder gives the note to the borrower. This means that the home is theirs, free and clear.

If a borrower refinances a mortgage, the new mortgage pays off the original lender and a new note is created, to be held by that lender until the new mortgage is paid in full. In the event of a refinance, the borrower will not have the note or deed to the home.

Instead, they’ll continue to make payments to a third party, and the lender can sell the mortgage note on a secondary market. In this event, real estate investors will still own the mortgage note until the borrower pays off their mortgage.

FAQs About Mortgage Notes

For more on mortgage notes, check out the answers to some frequently asked questions below.

Is a mortgage note a legal document?

As mentioned at the beginning of the article, a mortgage note is a legally binding agreement. When using a mortgage to buy a home, the borrower will receive a mortgage note from their lender to sign at the end of the home buying process.

Is a mortgage note the same as a deed?

A mortgage note and a deed aren’t the same thing. While both are legal documents, a mortgage note outlines the buyer’s promise to repay their mortgage to their lender, while a deed shows who has ownership interest in a property.

Does a mortgage note commit you to paying your loan?

Signing a mortgage note makes the borrower legally obligated to repay their mortgage loan. In the event that a borrower stops making their mortgage payments, their lender can begin foreclosure proceedings to recoup the money they lost on the property due to the default.

The Bottom Line

A mortgage note is a legal document signed by a borrower at the end of the home buying process. It states that the borrower promises to repay their loan and includes important information about the mortgage. Your home is probably one of your most important assets, so be sure to take the time at closing to ensure that all legal documents related to your mortgage are accurate, including any interest rate changes or changes in who owns your mortgage note.

Ready to move ahead into the next step of the purchase process? Apply for your initial mortgage approval today to make sure you're fully financed and prepared for closing day.