Establishing secure connection…Loading editor…Preparing document…

Promissory Note Secured by Real Property

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

PROMISSORY NOTE

(Fixed Rate, Installment Payments)

Caution -- It is important that you thoroughly read the contract before you sign it.

[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 Promissory Note Secured by Real Property Is and When it Applies

A Promissory Note Secured by Real Property is a written promise by a borrower to repay a specified loan amount to a lender where repayment is secured by an interest in real property (a mortgage or deed of trust). The note sets the principal, interest rate, payment schedule, default remedies, and prepayment terms. When the borrower fails to meet obligations, the security interest allows the lender to pursue foreclosure or similar remedies under state real property and foreclosure law. This instrument is common in purchase-money loans, refinances, and owner-financing arrangements.

Why a Secured Promissory Note Matters for Property Loans

A secured promissory note creates an enforceable debt obligation and ties the lender’s remedy to a specific parcel of real property, reducing lender risk and clarifying borrower duties. It documents repayment terms, supports lien priority, and is typically required to record a mortgage or deed of trust in county land records.

Why a Secured Promissory Note Matters for Property Loans

Who Typically Prepares and Signs This Document

Parties should confirm state recording rules, identify required attachments (mortgage/deed of trust), and verify signatory authority before execution.

  • Private lenders and banks originating purchase-money or refinance loans for real property collateral.
  • Buyers using seller financing to document repayment terms and create a security interest.
  • Title agents and closing attorneys ensuring the note and security instrument match and are recordable.

Core Components to Include in a Professional Secured Promissory Note

A clear, complete promissory note reduces ambiguity and supports enforceability; include monetary terms, security reference, parties, and default remedies in plain language.

Principal

Exact loan amount in numerals and words and any initial disbursement or residual balance details.

Interest

Interest rate type (fixed or variable), calculation method, compounding frequency, and APR disclosure where applicable.

Payment Terms

Payment schedule, due dates, grace periods, late fees, and application of payments to principal and interest.

Security Reference

Clear cross-reference to the mortgage or deed of trust by recording details or an attachment exhibit.

Default Remedies

Events of default, acceleration clause, foreclosure rights, cure opportunities, and recovery of costs and attorney fees.

Miscellaneous

Governing law, notice addresses, assignment rights, amendment procedures, and waiver language.

Step-by-Step: Completing and Executing the Note

Follow these sequential steps to prepare, execute, and prepare the secured note for recording and servicing.

  • 01
    Draft Terms: Prepare principal, interest, payment schedule, and security reference in writing.
  • 02
    Attach Security Instrument: Draft and attach the mortgage or deed of trust that secures the note.
  • 03
    Sign and Notarize: Have borrower(s) sign before a notary; obtain required witness signatures where state law demands them.
  • 04
    Record: File the mortgage/deed of trust in county land records to perfect the lien.

How to Set Up an Online Signing Workflow for This Note

Configure a digital workflow that places signature, initial, and date fields correctly and routes documents to signers and title agents.

Signer Order Borrower first | Lender second | Title agent CC'd
Required Fields Signature, date, printed name, address fields on each signer page
Authentication Email + SMS code or knowledge-based authentication where mandated
Attachments Attach mortgage/deed exhibit and any payoff instructions
Record Copy Generate final PDF with audit trail included

Where to File and How Documents Typically Move After Signing

After execution, route the note and security instrument to parties who will record, service, and retain closing files.

  • Title Company: Review for recording defects and obtain title insurance endorsements as needed.
  • County Recorder: Record the mortgage or deed of trust to perfect the lien against the property.
  • Servicer: Upload note terms for payment processing and escrow management.
  • All Parties: Retain executed copies and the audit trail per retention policy.

Digital Signing and eSubmission Requirements

Ensure the chosen platform can generate a tamper-evident PDF and supports integrations with title or loan-servicing systems for efficient post-signing workflows.

  • File Formats: PDF and DOCX accepted for upload and preservation.
  • Authentication: Email, SMS, or advanced authentication options for high-value transactions.
  • Audit Trail: Timestamp, IP, signer email, and action log included with the signed PDF.

Key Timelines, Deadlines, and Recording Expectations

Certain timing obligations and filing windows affect enforceability and lien priority; track these milestones during closing and servicing.

Signing Date:

Effective date for obligations; enter as MM/DD/YYYY.

Recording Window:

Record mortgage promptly to ensure lien priority and avoid intervening encumbrances.

Payment Due Dates:

Monthly or periodic dates stated in the note; late fees begin after grace period.

Acceleration Notice:

Time required before enforcement actions varies by state and by note language.

Statute of Limitations:

State-specific; affects when lender can sue to collect on the note.

Common Risks and Legal Consequences of Errors

Recording Delay: Loss of lien priority
Name Mismatch: Title defects and rejection by recorder
Missing Notarization: Unrecordable or unenforceable lien
Improper Interest: Usury exposure in some jurisdictions
Incomplete Terms: Ambiguity in enforcement rights
Consumer Disclosure Omission: Regulatory penalties for consumer-facing loans

Selected eSignature Provider Comparison for Secured Promissory Notes

Compare basic pricing and key features when evaluating eSignature platforms for document execution and audit trail generation.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Practical Examples from Real-World Closings

These anonymized examples illustrate how secured promissory notes function in common scenarios and the operational choices teams make.

Tim Martin, Founder — Martin Properties

When closing owner-financed sales, we standardize a note attached to a deed of trust to protect both parties and speed closings.

  • We require notarized signatures and a recorded deed of trust.
  • I can process and execute all of these documents online with 100% compliance and built-in security; mobile signing helps close deals when parties cannot meet in person.

Dan Rotelli, CEO — BIS

For portfolio lending, synchronized note and mortgage templates reduce servicing errors and title exceptions.

  • We centralize templates and audit trails for all originations.
  • Centralized document control and a detailed audit trail reduced post-closing title issues and simplified loan transfers between servicers.

Practical Tips to Reduce Risk and Speed Closing

Apply these practical checks to improve accuracy, recordability, and enforceability before execution and recording.

Verify Legal Names
Confirm borrower and lender names against government ID and entity filings to avoid recording rejections and title defects; include suffixes and entity designations exactly.
Cross-Check Descriptions
Make sure the legal property description in the note matches the mortgage/deed of trust and preliminary title report to prevent conflicting records.
Use Clear Payment Terms
State precise payment dates, application order for funds, late fee mechanics, and computation method to reduce disputes over amortization and defaults.
Maintain Audit Trails
Capture signer authentication, timestamps, and IP addresses for each signature event to support attribution and evidentiary needs in litigation or title claims.

Security and Compliance Considerations for Electronic Execution

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Regulatory: ESIGN and UETA compliant
Healthcare: HIPAA available with BAA
Audit: Detailed audit trails and timestamps
Standards: SOC 2 Type II and ISO 27001 alignment
Accessibility: WCAG 2.0 Level AA support

Frequently Asked Questions and Common Issues

Answers to frequent execution, recording, and enforceability questions about promissory notes secured by real property.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users