Clayton County Real Estate Mortgage and Promissory Note Form

Additional Iowa and Clayton County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Clayton County

Properties in any of these areas use Clayton County forms:

• Edgewood
• Elkader
• Elkport
• Farmersburg
• Garber
• Garnavillo
• Guttenberg
• Luana
• Marquette
• Mc Gregor
• Monona
• North Buena Vista
• Saint Olaf
• Strawberry Point
• Volga

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Use these forms to finance real property - vacant land, residential, condominiums, small commercial, rental and planned unit developments. This mortgage has the option of being used as a purchase money mortgage defined by Iowa Code 654.12b (shall have priority over and is senior to preexisting judgments against the purchaser and any other right, title, interest, or lien arising either directly or indirectly by, through, or under the purchaser.) (IC654.12b(1))

[A mortgage is a purchase money mortgage to the extent it is either:
a. Taken or retained by the seller of the real estate to secure all or part of its price, including all costs in connection with the purchase.
b. Taken by a lender who, by making an advance or incurring an obligation, provides funds to enable the purchaser to acquire rights in the real estate, including all costs in connection with the purchase, if the funds are in fact so used. Except when it is a refinancing of an existing purchase money mortgage between the same lender and purchaser and no new funds are advanced, a mortgage given to secure funds which are used to pay off another mortgage is not a purchase money mortgage.
2. If more than one purchase money mortgage exists, the first mortgage to be recorded has priority. In order to be entitled to the rights provided by this section, the mortgage must contain a recital that it is a purchase money mortgage. However, failure to include the recital in the mortgage shall not prevent a mortgage otherwise qualifying as a purchase money mortgage from being a purchase money mortgage for purposes other than this section. The rights in this section are in addition to, and the obligations are not in derogation of, all rights provided by common law.] [Iowa Code 654.12B]

A mortgage and promissory note that include stringent default terms and conditions can be beneficial to the lender.

(Iowa Mortgage Package includes forms, guidelines, and completed examples) For use in Iowa only.

Important: Your property must be located in Clayton County to use these forms. Documents should be recorded at the county recording office listed above.

This Real Estate Mortgage and Promissory Note meets all recording requirements specific to Clayton County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Clayton County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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