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The Daily Insight

Can you sell a house with a promissory note?

Author

Andrew Ramirez

Published Mar 20, 2026

Mortgage notes, or promissory notes, are financial instruments that define the terms of a loan used to purchase property. People who hold a mortgage note for a home, business or property can sell it for a lump sum of cash to a buyer in the secondary mortgage note industry.

What does it mean to issue unsecured notes?

An unsecured note is a note that is secured by a promise to pay. Hence, an unsecured note is not secured by means of any collateral to back it up in the event that the note is not paid. Unsecured notes are similar to debentures and carry a higher interest rate than secured notes.

Why do companies issue senior unsecured notes?

Companies sell the unsecured notes through private placements to raise money for purchases, share buyback, and other corporate purposes. Because unsecured debt isn’t backed by collateral and is a higher risk, the interest rates offered are higher than secured debt backed by collateral.

What does it mean when a company offers senior unsecured notes?

What Is a Senior Note? A senior note is a type of bond that takes precedence over other debts in the event that the company declares bankruptcy and is forced into liquidation. Because they carry a lower degree of risk, senior notes pay lower rates of interest than junior bonds.

What is senior unsecured notes offering?

Senior Unsecured Notes means Debt in the form of unsecured senior or senior subordinated notes issued by the Borrower in an aggregate principal amount not to exceed $250,000,000 at any one time outstanding, including exchange notes issued in exchange therefor pursuant to any registration rights agreement (it being …

Why would a company issue senior notes?

A senior notes offering refers to the sale of senior notes by a company seeking to raise money from investors. Typically, the announcement of a senior notes offering is accompanied by a legal disclosure of the amount the company is seeking to raise, and what the company plans to do with the money.

What purpose does the promissory note serve real estate?

This document reiterates that the home buyer will repay the loan, and mortgage lender will hold legal title to the property until the loan is paid in full by the borrower. In exchange for this deed of trust, the borrower must execute one or more promissory notes, which are given to the lender.

What does promissory note mean in real estate?

The promissory note records the promise to pay; and the mortgage, also known as a trust deed or deed of trust, records what happens if the borrower defaults. For instance, the lender would probably have the recourse of foreclosure. The mortgage secures the promissory note with the title to the house.

What happens to a promissory note?

What Happens When a Promissory Note Is Not Paid? Promissory notes are legally binding documents. Someone who fails to repay a loan detailed in a promissory note can lose an asset that secures the loan, such as a home, or face other actions.

How does a promissory note work on a home?

The home’s deed also acts as collateral on the note and should the buyer default, the deed and the down payment are kept by the seller. The promissory note form dictates all the necessary terms of repayment of the loan as well as the consequences of failing to repay the loan.

Can a promissory note be refinanced into a mortgage?

If the buyer continually repays the note on time and according to the terms of the promissory note, it helps establish them as trustworthy borrowers for future lending. Once a solid track record of repayment has been established, the borrower can refinance the promissory note with a traditional mortgage if desired and pay the seller off completely.

Can a promissory note be written on a napkin?

A promissory note written on a napkin could be valid if the required terms are included. Alternative names for promissory notes include: IOU, personal notes, loan agreements, notes payable, note, promissory note form, promise to pay, secured or unsecured notes, demand notes, or commercial paper.

What was the promissory note that Amy signed?

One child, Amy, borrows $300,000 from her parents to purchase a home. She signs a promissory note and a mortgage is recorded. The note is payable back to Ken and Barb.