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Marcus is a real estate salesperson in St. Louis, Missouri. A client asks him to explain the difference between a promissory note and a deed of trust in a Missouri real estate transaction. Which of the following statements most accurately describes the relationship between these two documents?

Correct Answer

A) The promissory note is the borrower's personal promise to repay the debt; the deed of trust is the recorded security instrument pledging the property

In a Missouri real estate loan transaction, these two documents serve distinct and complementary purposes. The promissory note is the borrower's personal written promise to repay the debt under specified terms; it creates personal liability but is typically not recorded. The deed of trust (governed by RSMo §§ 443.290–443.430) is the security instrument that pledges the real property as collateral and is recorded in the county recorder's office to provide public notice of the lender's security interest.

Answer Options
A
The promissory note is the borrower's personal promise to repay the debt; the deed of trust is the recorded security instrument pledging the property
B
Both documents serve the same purpose and are interchangeable in Missouri transactions
C
The deed of trust replaces the promissory note once the loan is funded and the note becomes void
D
The promissory note is the security instrument recorded in the county; the deed of trust is the personal promise to repay

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Related Topics & Key Terms

Key Terms:

promissory_notedeed_of_trustsecurity_instrumentpersonal_liability
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