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An Oregon broker is explaining the difference between a promissory note and a trust deed to a first-time buyer. Which of the following most accurately describes the relationship between these two instruments in an Oregon real estate transaction?

Correct Answer

B) The promissory note is the borrower's personal promise to repay the debt, and the trust deed is the security instrument that pledges the property as collateral.

In Oregon real estate financing, the promissory note is the borrower's written personal promise to repay the loan according to its terms — it is the evidence of the debt. The trust deed is the separate security instrument that pledges the real property as collateral for the loan. The trust deed is recorded in the county records to provide public notice of the lien, while the promissory note is held by the lender (beneficiary). Both documents are executed at closing, but they serve distinct legal functions.

Answer Options
A
The promissory note is the security instrument, and the trust deed is the promise to repay the debt.
B
The promissory note is the borrower's personal promise to repay the debt, and the trust deed is the security instrument that pledges the property as collateral.
C
Both the promissory note and the trust deed serve as security instruments recorded in the county records.
D
The trust deed replaces the promissory note once the loan is funded and the note becomes void.

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Related Topics & Key Terms

Key Terms:

promissory_notetrust_deedsecurity_instrumentdebt_instrumentORS_86

Related Concepts

The secondary mortgage market is where existing mortgage loans are bought and sold between lenders, investors, and government-sponsored enterprises (GSEs) like Fannie Mae, Freddie Mac, and Ginnie Mae.

TILA is a federal law that requires lenders to disclose the true cost of credit to borrowers, including the annual percentage rate (APR), total finance charges, and loan terms. It is implemented by Regulation Z.

A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.

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