Key takeaways
- A mortgage note is your signed promise to repay your home loan.
- It outlines the loan amount, interest rate, repayment schedule, and default terms.
- It’s different from a mortgage or deed of trust, which secures the loan with your property.
- Lenders can sell your mortgage note, but your terms won’t change.
When you buy a home and take out a mortgage, you sign a lot of paperwork. One of the most important documents is the mortgage note. Sometimes called a promissory note, this legally binding contract lays out the details of your loan and your promise to repay it. Whether you’re browsing homes for sale in Austin, TX or considering buying a house in Seattle, WA, understanding how a mortgage note works is essential.
In this Redfin article, we’ll break down what a mortgage note is, what’s included, how it works, and why it matters.
What is a mortgage note?
A mortgage note is the written agreement between you (the borrower) and your lender that specifies:
- The amount you borrowed
- The interest rate
- The repayment schedule (monthly payments, term length, due dates)
- What happens if you miss payments or default
Think of it as the “IOU” of your home loan. Unlike your mortgage or deed of trust, which secures the loan against your property, the mortgage note itself is your personal promise to repay.
What’s included in a mortgage note
While the exact format may vary by lender and state, most mortgage notes include:
- Loan amount (principal): The total you borrowed.
- Interest rate: Fixed or adjustable.
- Payment terms: Monthly payment amount, due date, and loan term (e.g., 15 or 30 years).
- Late fees and default penalties: How much you’ll pay if you miss deadlines.
- Acceleration clause: Gives the lender the right to demand the full balance if you default.
- Prepayment terms: Whether you can pay off your mortgage early without penalty.
- Signatures: Both you and the lender (or their authorized representative) must sign for it to be enforceable.
Types of mortgage notes
Not all mortgage notes are the same. The type you sign depends on your loan structure and agreement with your lender. Common types include:
- Fixed-rate mortgage note: Outlines a loan with an interest rate that stays the same for the entire term, making monthly payments predictable.
- Adjustable-rate mortgage (ARM) note: Includes terms where the interest rate can change after an initial fixed period, based on market conditions.
- Balloon mortgage note: Requires smaller monthly payments at first but ends with a large lump-sum “balloon” payment at the end of the term. More common in commercial or short-term lending.
- Interest-only mortgage note: Lets borrowers pay only the interest for a set period before switching to full principal and interest payments.
- Convertible mortgage note: Allows an adjustable-rate loan to convert into a fixed-rate loan under certain conditions.
Mortgage note vs. mortgage (or deed of trust)
Borrowers often confuse the mortgage note with the mortgage itself. Here’s the difference:
Document | What It Does |
Mortgage note | Your promise to repay the loan. Outlines terms and conditions. |
Mortgage/deed of trust (security instrument) | The legal document that secures the loan with your home as collateral. It gives the lender rights to foreclose if you don’t pay. |
>>>Read: What is a Mortgage?
Mortgage note vs. promissory note
The terms “mortgage note” and “promissory note” are often used interchangeably, but there’s a subtle difference:
- Promissory note: A broad legal document in which a borrower promises to repay a debt. It can apply to many types of loans, not just mortgages.
- Mortgage note: A specific type of promissory note tied to a home loan. It includes detailed terms like the loan amount, interest rate, repayment schedule, and consequences of default.
In short, all mortgage notes are promissory notes, but not all promissory notes are mortgage notes. The “mortgage” part means your home secures the debt, giving the lender the right to foreclose if you don’t pay.
Why a mortgage note matters
The mortgage note is critical for several reasons:
- Proof of debt: It’s the official record that you owe money.
- Borrower protection: It clearly states your rights and obligations, preventing disputes.
- Investor use: Lenders can sell mortgage notes on the secondary market (to investors, Fannie Mae, Freddie Mac, etc.). Your loan servicing may change, but your terms stay the same.
- Legal enforcement: If you stop making payments, the lender uses the note in court to prove default.
How can I get a copy of my mortgage note?
If you need a copy of your mortgage note, you have a few options:
- From your lender or loan servicer: Contact the company that manages your mortgage payments. They’re required to provide you with a copy upon request.
- Closing documents: You should have received a copy of the mortgage note when you closed on your home. Check your closing packet or digital records from your title company.
- County recorder’s office: In some states, a version of the note may be recorded with your local county clerk or recorder of deeds. You can request a copy from them, though not all notes are public record.
- Online servicing portal: Many loan servicers let you download important loan documents directly from your online account.
Tip: If you’re planning to refinance, sell your home, or simply want to confirm your loan terms, having your mortgage note on hand can make the process smoother.
Can you sell or buy mortgage notes?
Yes – but typically only lenders and investors do.Mortgage notes are bought and sold as financial assets. For example:
- Performing notes: Borrowers are making payments on time—these are lower risk.
- Non-performing notes: Borrowers are behind on payments—these carry higher risk and are sold at a discount.
What happens if you lose your mortgage note?
If your original mortgage note gets lost, lenders can often rely on digital copies, county records, or sworn statements to enforce the loan. Borrowers don’t usually need to keep the original, but having your copy is wise for reference.