Most Mortgages/Deeds of Trust now include the note on their face, e.g., $129,000.00 payable at the rate of 9% per annum (payment amount) until date or until paid in full.

A copy if this instrument is recorded on the property's land title (County Registrar of Deeds in most cases). A certified Mortgage or Deed of Trust by county records (that contains this amount, rate of interest and term) is adequate for evidence in a court of law or in a non judicial foreclosure.

A note can be secured by a Mortgage (or Deeds of Trust in some states) and the note unrecorded but often, a note is also recorded after the Mortgage (or Deed of Trust).

In order to foreclose on a Mortgage (or a Deed of Trust in a non judicial procedure) you must first assert and prove if challenged on your ownership of both Mortgages or the Deed of Trust and its Note to bring the action (prove to be a competent party and produce the instrument to bring the action). Assert this and the affidavit of your personal knowledge of the default is prerequisite to the action continuing.

The law protects the person lending the money to its return on term and to its performance on its security in the property (Mortgage or Deed of Trust) while guaranteeing the right to due process of the property owner/borrower.

In simple terms, as a lender you will be asked "Where is the beef?" and you have the burden of proving that to foreclose on your loan.

This is USA UCC code may vary some by state.

*** Deeds (Warranty, Quitclaim Deed, etc.) convey an ownership interest in property here. A lease or month to month rental agreement establishes tenancy. After a judicial foreclosure an
eviction of the borrower might be necessary to gain possession of the property.

This is a brief explanation not covering all contingencies and is not to be construed as legal advice — it is offered only for informational and discussion purposes.