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Multistate Adjustable Rate Note

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Multistate Fixed Rate Note, Installment Payments - Secured

PROMISSORY NOTE

(Fixed Rate, Installment Payments)

[Date]

[City]

[State]

[Property Address]

1. BORROWER'S PROMISE TO PAY

In return for a loan that I have received, I promise to pay U.S. $ (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is

I will make all payments under this Note in the form of cash, check, certified funds or money order at the option and direction of Lender. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder."

2. INTEREST

Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note.

3. PAYMENTS

(A) Time and Place of Payments

I will pay principal and interest by making a payment every month. I will make my monthly payment on the day of each month beginning on . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at

or at a different place if required by the Note Holder.

(B) Amount of Monthly Payments

My monthly payment will be in the amount of U.S. $

4. BORROWER'S RIGHT TO PREPAY

{initial desired provision}

I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a prepayment if I have not made all the monthly payments due under the Note.

I may make a full prepayment or partial prepayments without paying a prepayment charge. The Note Holder will use my prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my prepayment to the accrued and unpaid interest on the prepayment amount, before applying my prepayment to reduce the principal amount of the Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.

I shall not have the right to prepay this Note unless I pay a prepayment penalty for early prepayment in the amount determined by the Note Holder, not to exceed the maximum amount allowed by the laws of the state where the property is located.

5. LOAN CHARGES

If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment.

6. BORROWER'S FAILURE TO PAY AS REQUIRED

(A) Late Charge for Overdue Payments and Receipt of Payments

If the Note Holder has not received the full amount of any monthly payment by the end of {enter days before late charges are due under your State's laws} calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be [% of my overdue payment of principal and interest or dollars for each late payment]. I will pay this late charge promptly but only once on each late payment. In no event will the late charge exceed the maximum amount allowed by the applicable state law.

Payments to the note holder shall not be considered made until received by the Note Holder at the address specified. Mailing is insufficient to constitute delivery to the Note Holder.

The number of days required for payment of a late charge shall not be considered as a grace period for the payment date required under this Note and the Borrower shall be default if the payment is not paid on the due date.

(B) Default

If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.

(C) Notice of Default

If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.

(D) No Waiver By Note Holder

Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time.

(E) Payment of Note Holder's Costs and Expenses

If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.

7. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.

9. WAIVERS

I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

10. SECURED NOTE

In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED

(Seal)

Borrower

(Seal)

Borrower

(Seal)

Borrower

(Seal)

Borrower

Enter text

What a Multistate Adjustable Rate Note Is

A Multistate Adjustable Rate Note is a promissory instrument used in mortgage lending that sets a borrower's repayment obligation with interest rate adjustments tied to an index and adjustment schedule across multiple U.S. jurisdictions. It establishes principal amount, initial interest rate, periodic adjustment caps, lifetime caps, indexing methodology, and notice provisions. Because it is intended for use where a loan secured by real property may be governed by varying state laws, the form includes standardized clauses addressing governing law, default remedies, and filing or recording instructions to ensure enforceability across states.

Why a Multistate Adjustable Rate Note Matters

Use a Multistate Adjustable Rate Note to document loans where interest rates change over time and the security or parties span multiple U.S. jurisdictions. The form clarifies adjustment mechanics, caps, and disclosures to reduce disputes and support consistent enforcement across state lines.

Why a Multistate Adjustable Rate Note Matters

Who Prepares and Signs These Notes

Professionals and organizations that prepare or manage adjustable-rate residential or commercial mortgage loans across state lines.

  • Loan servicers, mortgage lenders, and banks handling interstate adjustable-rate loans.
  • Title companies and closing agents preparing documents for recording in multiple counties or states.
  • Borrowers, attorneys, and compliance officers reviewing rate adjustment and disclosure provisions.

Typical Signatory Roles

Lender Representative

A loan officer or in-house counsel responsible for drafting and reviewing rate formulas, adjustment schedules, caps, and default remedies to meet investor requirements and varying state consumer protection laws; coordinates recording, notices, and compliance across jurisdictions to reduce legal risk.

Borrower Representative

An individual or corporate signatory who must verify identity, confirm understanding of adjustment mechanics, and ensure signatures match identification and closing documents; may need counsel to review prepayment, negative amortization, or payment shock provisions before consenting.

Essential Information Fields

Borrower Name: Full legal name as on ID.
Lender Name: Exact legal entity name.
Principal Amount: Numeric and written amount.
Interest Terms: Initial rate and type.
Index and Margin: Named index and margin.
Repayment Schedule: Payment frequency and dates.

Core Sections to Include in a Professional Note

Core sections define rate adjustments, caps, indexing, payment calculations, security interests, default remedies, and governing law to operate across different U.S. jurisdictions.

Rate Adjustment

Specifies the index, margin, adjustment frequency, lookback period, and exact calculation method so periodic changes are predictable and legally supportable across jurisdictions.

Rate Caps

Defines initial, periodic, and lifetime caps, plus floor rates and exceptions; this protects borrowers and ensures compliance with state usury limits and consumer-protection laws.

Index Clause

Names the external index (for example SOFR), publication source, and effective date for each adjustment period and sets fallbacks for discontinued indices to avoid ambiguity.

Payment Calculation

Outlines monthly payment formula, negative amortization rules if allowed, late charge mechanics, and procedures for recalculating payments after each adjustment.

Default Remedies

Lists events of default, applicable cure periods, acceleration rights, recovery of attorneys’ fees and costs, and cross-default language tied to the mortgage or deed of trust.

Governing Law

Identifies governing state law and venue, explains choice-of-law consequences, and provides mechanics for resolving conflicts between varying state requirements to support multistate enforcement.

Step-by-Step: Completing the Note

Follow these steps to complete and execute a Multistate Adjustable Rate Note correctly and ensure enforceability across jurisdictions.

  • 01
    Prepare Draft: Populate principal, rates, index, margins, and caps.
  • 02
    Review State Law: Confirm applicable state notice and usury limitations.
  • 03
    Obtain Signatures: All borrowers and authorized lender signers must sign and date.
  • 04
    Record or File: Record the note or related security instrument per local recording rules.

Where to File and Who to Notify

Routing depends on whether the note is secured by real property; recording practices vary by county and state.

  • Recording Office: Submit note or mortgage to county recorder or clerk's office.
  • Investor Delivery: Send executed note and endorsements to investor or trustee.
  • Servicer Upload: Upload executed documents to loan servicing platform and retention system.
  • Tax Authorities: Provide necessary information for mortgage recording tax and property assessments.

Digital Execution and Distribution Requirements

Multistate Adjustable Rate Notes often use e-signature platforms and secure file transfer for execution and storage.

  • File Formats: Accepts PDF, DOCX, and PDF/A.
  • Integrations: Works with Salesforce, NetSuite, Google Workspace.
  • Authentication: Supports email, SMS, and SSO options.

eSignature Vendor Pricing and Feature Snapshot

Basic vendor pricing and feature distinctions for executing Multistate Adjustable Rate Notes electronically; signNow is shown first for comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Premium plan) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Consequences of Errors or Omissions

Recording Rejection: Delays in lien perfection
Usury Risk: Civil penalties and damages
Enforceability Loss: Court may void provisions
Tax Consequences: Backup withholding or penalties
Investor Repurchase: Loan buyback or penalties
Fraud Allegations: Criminal or civil exposure

Common Preparation Mistakes to Avoid

  • Failing to specify index fallback and calculation details, which can cause disputes when an index is discontinued.
  • Using inconsistent governing law clauses when collateral and borrower reside in different states, creating conflict-of-law issues.
  • Omitting or unclear rate caps, leading to allegations of usury or excessive payment shock for borrowers.
  • Improperly executed signatures or missing notarization where required, causing recording or enforceability problems.

File Outputs and Supporting Documents

Recommended export formats and documents commonly bundled with a Multistate Adjustable Rate Note for recording, investor delivery, and borrower records.

PDF/A Export

Export a signed, audit-trail-embedded PDF/A copy suitable for long-term archival and acceptable to many recording offices and investor systems.

Original Wet Copy

Retain an original wet-signed or notarized paper copy if local recording or investor requires physical documentation for perfection.

Recorded Instrument

Include recorded mortgage or deed of trust copy showing official recording stamp, book, and page or instrument number for investor files.

Closing Package

Attach promissory note, security instrument, payment schedule, good-standing certificates, and any required state disclosures for complete loan delivery.

Practical Tips for Accurate Completion

Practical checks to reduce errors and support enforceability across jurisdictions when completing an adjustable-rate note.

Verify Borrower Identity and Legal Names
Confirm government-issued IDs and business registration documents; ensure names, suffixes, and title authority match underwriting and recording requirements to avoid delays or post-closing challenges.
Confirm Index and Fallback Language
Use a clearly defined index with published source and specific fallback provisions for discontinued indices; ambiguity increases litigation risk and may fail investor or regulatory review.
Coordinate Recording with Security Instrument
Record the mortgage or deed of trust promptly and attach recorded instrument references to the note package; recording timing affects lien priority and investor acceptance.
Document Consumer Disclosures and Notices
Include required consumer disclosures and federal/state notices for adjustable-rate features; retain consent records to satisfy ESIGN and UETA requirements and defend against consumer claims.

Timing Considerations and Typical Deadlines

Key timing obligations and typical deadlines associated with adjustable-rate note execution, adjustment notices, and recording.

Execution Date and Effective Date:

Record the execution date; use MM/DD/YYYY format for clarity.

Recording Window for Security Instrument:

Record within county timelines to preserve priority; delays risk subordinate liens.

Rate Adjustment Notice Periods:

Provide borrower notice per note terms and state consumer protection timelines.

Tax Reporting and Year-End:

Deliver mortgage interest statements and information returns by applicable IRS deadlines.

Record Retention Start Date:

Retention begins on execution date unless law specifies alternate trigger.

Key Milestones from Drafting to Delivery

Sequential milestones from drafting through recording and loan delivery for a Multistate Adjustable Rate Note.

01

Draft & Internal Review

Prepare note text and obtain legal review for state compliance.

02

Borrower Closing

Execute with borrower signatures and notarization where required.

03

Recording & Indexing

Record security instrument and index lien in county records.

04

Investor Delivery

Assemble package and transfer to investor or trustee per guidelines.

How to Configure an Online Workflow

Common online workflow settings for preparing, routing, and automating Multistate Adjustable Rate Notes in eSignature platforms.

Field Configuration
Document Template Embed clauses; enable conditional sections for state variance.
Signer Authentication Require email, SMS, or knowledge-based authentication.
Conditional Fields Show state-specific clauses based on chosen governing law.
Recordkeeping Options Enable audit trail, PDF/A export, and remote notarization records.

Examples: Multistate Execution in Practice

Real-world examples illustrate how organizations use e-signature and standardized notes to execute adjustable-rate loans efficiently across states.

Martin Properties

Martin Properties needed a repeatable process to execute adjustable-rate notes at scale for out-of-state transactions and remote closings.

  • They standardized clause sets and e-signed remotely.
  • Using an eSignature platform allowed them to complete signings online with compliance controls, audit trails, and secure mobile signing; this reduced closing time, avoided courier delays, and ensured the recorded security instrument and note matched investor delivery requirements across jurisdictions.

Optica Ventures LLC

Optica Ventures adopted a multistate note template to close investment properties across neighboring states while keeping consistent adjustment terms.

  • Their team centralized templates and compliance checks.
  • Standardized notes reduced legal review cycles and helped maintain consistent investor reporting; the company preserved clear audit trails and recorded security interests locally, preventing title inconsistencies and speeding up loan funding in multiple jurisdictions.

Notarization and Witness Steps

Notarization and witness protocols for notes and accompanying security instruments vary; follow state and lender requirements carefully.

01

Confirm Notary Acceptance

Check whether county accepts electronic acknowledgment.

02

Require Notary Acknowledgment

Many jurisdictions require notary for recording.

03

Witness Count

Some states require one or two witnesses.

04

Remote Notarization

RON acceptance varies; verify state notary law.

05

Audio-Video Record

RON sessions often require recordings retained years.

06

Notary Journal

Maintain journal entries per state rules.

07

Acknowledgment Form

Use state-specific notary acknowledgement wording.

08

Recording Requirements

Attach notarized deed or mortgage with the note package.

Frequently Asked Questions

Answers to common questions about completing, signing, notarizing, and enforcing a Multistate Adjustable Rate Note in the United States.


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