Smith County Deed of Trust and Promissory Note Form

Smith County Deed of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.

Smith County Deed of Trust Guidelines
Line by line guide explaining every blank on the form.

Smith County Completed Example of the Deed of Trust
Example of a properly completed form for reference.

Smith County Promissory Note Form
Note that is secured by the Deed of Trust.

Smith County Promissory Note Guidelines
Line by line guide explaining every blank on the form.

Smith County Completed Example of the Promissory Note Document
Example of a properly completed form for reference.

Smith County Subordination Clauses
Used to place priority on claim of debt. Included are 4 clauses for unique situations. If needed, add to Deed of Trust as an addendum or rider.

Smith County Annual Accounting Statement
Mail to borrower for fiscal year reporting.
All 8 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Mississippi and Smith County documents included at no extra charge:
Where to Record Your Documents
Smith County Chancery Clerk
Raleigh, Mississippi 39153
Hours: 8:00 to 5:00 M-F
Phone: (601) 782-9811
Recording Tips for Smith County:
- Request a receipt showing your recording numbers
- Leave recording info boxes blank - the office fills these
- Check margin requirements - usually 1-2 inches at top
- Both spouses typically need to sign if property is jointly owned
Cities and Jurisdictions in Smith County
Properties in any of these areas use Smith County forms:
- Mize
- Raleigh
- Taylorsville
Hours, fees, requirements, and more for Smith County
How do I get my forms?
Forms are available for immediate download after payment. The Smith County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Smith County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Smith County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Smith County?
Recording fees in Smith County vary. Contact the recorder's office at (601) 782-9811 for current fees.
Questions answered? Let's get started!
In Mississippi, a Deed of Trust (DOT) is the most commonly used instrument to secure a loan. If the DOT has a "Power of Sale" clause, foreclosure can be done non-judicially, saving time and expense, because the trustee doesn't require the court's involvement. This process is called a Trustee Sale. Explained in Mississippi 89-1-55 - "How lands sold under mortgages and Deeds in Trust"
There are three parties in this Deed of Trust:
1- The Grantor (Borrower)
2- Beneficiary (Lender) and a
3- Trustee (Neutral Third Party)
Basic Concept. The Grantor (Borrower) conveys property title to a Trustee (Neutral Party). A Trustee or beneficiary/Lender can take action against any person for damages.
(The beneficiary or holder of any deed of trust, including his agents, employees, successors, assigns, attorneys-in-fact or other legal representatives, may appoint a trustee or substitute a trustee, with or without the permission of the mortgagor or mortgagors. The trustee or substitute trustee so appointed may be a natural person, partnership, corporation, limited liability company, professional association or any other legal entity.) (MS Code 89-1-63)(3))
Debtors/Borrowers shall be in default under the provisions of this Deed of Trust if Debtor
(a) shall fail to comply with any of Debtor's covenants or obligations contained herein,
(b) shall fail to pay any of the Indebtedness secured hereby, or any installment thereof or interest thereon, as such Indebtedness, installment or interest shall be due by contractual agreement or by acceleration,
(c) shall become bankrupt or insolvent or be placed in receivership,
(d) shall, if a corporation, a partnership or an unincorporated association, be dissolved voluntarily or involuntarily, or
(e) if Secured Party in good faith deems itself insecure and its prospect of repayment seriously
impaired.
This form can be used by a party financing residential property, rental property, condominiums or small office buildings. Note: if the property being financed is rental, see (Assignment of Leases and Rents Form) it acts to induce the lender to finance.
Promissory Note secured by Deed of Trust
A Deed of Trust and Promissory Note are usually executed/signed at the same time. The Promissory Note contains the finance terms.
Details:
1. Dollar amount of Principle Owed
2. Installment payments or Balloon payment (common with owner financing, borrower can establish history of payments and equity, which banks attractive when financing)
3, Late Charges, $ owed after so many days, with $ owed for each additional day.
4. Default Rate: If Borrowers go into default an increased interest rate is charged, until note is out of default.
5. Overdue Loan Fee: In addition to any other remedies available to Lender if this Note is not paid in full at the Maturity Date, Borrowers shall pay to Lender an Overdue Loan Fee, which fee shall be due at the time this Note is otherwise paid in full. The "Overdue Loan Fee" shall be determined based upon the outstanding principal balance of this Note as of the Maturity Date and shall be:
(a) one percent (1.0%) Of such principal balance if the Note is paid in full on or after thirty (30) days after the Maturity Date but less than sixty (60) days after the Maturity Date, or
(b) two percent (2.0%) of such principal balance if the Note is paid in full on or after sixty (60) days after the Maturity Date.
The obligations of Borrower to Lender under this Note and the Additional Obligations herein remain in full force and effect until Lender has received payment in full of all obligations.
This Note and the Loan Documents are made in and shall be governed by the State of Mississippi. Upon Lender's request, the venue of any legal action in connection with this Note or the Loan Documents shall be in _________County, Mississippi.
Attorney's Fees and Costs: Borrower shall pay all costs incurred by Lender in collecting sums due under this Note after a default, including reasonable attorneys' fees, whether or not suit is brought.
This Deed of Trust and Promissory Note, has stringent default terms and is suitable to owner selling/financing or investor financing.
(Mississippi DOT Package includes forms, guidelines, and completed examples) For use in Mississippi only.
Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.
This Deed of Trust and Promissory Note meets all recording requirements specific to Smith County.
Our Promise
The documents you receive here will meet, or exceed, the Smith County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Smith County Deed of Trust and Promissory Note form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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April 19th, 2020
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January 27th, 2021
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Linda W.
April 21st, 2020
The Quitclaim deed form was fine. Unfortunately, all I wanted to accomplish was to transfer property held in my name into my trust, but I could not any wording on the information you provided on how to accomplish this. It was not a sale, just a transfer from me to me as trustee.
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