Delaware Mortgage Secured and Promissory Note

Delaware Mortgage Secured and Promissory Note Information

This Mortgage secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Mortgage, and (c) the performance of Borrower' covenants and agreements under this Mortgage and the Note. (d) This Mortgage shall secure not only the existing indebtedness at any given time, but shall also secure future advances, which may under the above referenced obligation be made at the option of the Mortgagee, to the same extent as if other future advances were made on the date of the execution of this Mortgage, pursuant to 25 Del. C. Section 2118, as the same hereafter may be amended. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Sussex County.

Governing Law. This Mortgage shall be governed by the Federal Law applicable to Lender, and to the extent not preempted by Federal Laws, the laws of the State of Delaware without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the State of Delaware.

Waiver of Jury Trial: All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding or counterclaim brought by any party against any other party.

Typical uses include residential property, condominiums, rental property, small commercial, vacant land and planned unit developments. Delaware has three counties; each one has different recording requirements.


For use in Delaware only.

Deeds.com Delaware Mortgage Secured and Promissory Note Forms Have Been Updated as Recently as Tuesday March 21, 2023

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Don R. said: From Pennsylvania here. Documents are great and easy to fill out however you are lacking a couple of things. You only provide the option for a Grant Deed when you purchase by your county which is Mercer County for me. Why not give the ability to get a Warranty Deed that better protects the Grantee? Also, being from Pennsylvania and in a county that mined Buituminous Coal we are required to include the Coal Severance Notice and Bituminous Mine Subsidence and Land Conservation Act Notice. You can check the box on your Deed form that they are required and attached but you do not provide the verbiage or form for this. You state that you know what each county requires and include everything required but you do not include these two required Notices. This has been a requirement for years and the wording never changes. I had to look for these Notices and hand type this information and include it on another seperate page after the Notary section on the Deed. The Grantor has to sign the Coal Severance Notice and be witnessed by a Notary so I had to add another place for the Notary and will have to pay twice for witnessed signatures when it could have been included in your document. My Deed from 2003 was done that way and then the Notary statement after that so it was only one notarized witness of signature.

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