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Promissory note
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Instrument that's evidence of a promise to pay a specific debt; a written, legally binding promise to repay a debt
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Trust deed AKA deed of trust
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An instrument held by a third party as security for the payment of a note (rarely used in Ohio). Like a mortgage, it creates a voluntary lien on real property to secure repayment of a debt. Parties to a deed of trust are grantor or trustor (borrower), beneficiary (lender), and trustee (neutral third party). Unlike a mortgage, a trust deed has a power of sale, allowing trustee to foreclose non-judicially.
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Mortgage
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Instrument that creates a voluntary lien on real property to secure repayment of a debt. The parties to a mortgage are the mortgagor (borrower) and mortgagee (lender).
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Land contracts AKA land installment contracts, installment sales contracts, land sales contracts, real estate contract
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A real estate installment agreement where buyer makes payment to seller in exchange for right to occupy and use property, but no deed or title is transferred until all, or a specified portion of,payment have been made.
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Instrument
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Any document that transfers title (such as a deed), creates a lien (such as a mortgage), or gives a right to payment (such as a note contract).
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Maker
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One who promises to pay money on a note.
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Payee
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The one who promises to make payments on a note
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Negotiable instruments
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Promissory note or other finance instrument that is freely transferable
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Freely transferable
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When the lender or creditor can obtain immediate cash by selling the note (e.g., when real estate notes are sold or the secondary market).
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Straight note
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A note that calls for only interest payments during the term of the note, with a balloon payment at the end to pay off the principle balance.
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Amortized loan
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Loan where payments are applied to principle and interest.
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Security instruments
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The interest a creditor may acquire in the debtor's property to ensure that the debt will be paid.
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Hypothecate
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To make property security for a loan without giving up possession of it (as with a mortgage).
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Trustor
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In a trust deed - the borrower
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Beneficiary
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One who receives a benefit; refers to the lender in a trust deed.
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