Note are accessories to each other

1 year ago
1

The principle that the mortgage and the note cannot be separated, stems from the legal concept that the mortgage is an accessory to the note. The mortgage represents the security interest in the property, while the promissory note represents the borrower’s obligation to repay the loan. The mortgage’s primary function is to secure the debt, and it exists solely to ensure the lender has a way to recover their losses if the borrower defaults on the note.

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