Example 1: Standard Home Loan – New Note, New Debt
Mortgage 1 is recorded securing a promissory note (Note 1) in the amount of $500,000.
Question |
Answer |
Does the document secure a new debt or increase an existing debt? |
Yes |
What is the document doing? |
Securing $500,000 of new debt |
What amount of debt is subject to tax? |
$500,000 |
Example 2: Standard Refinancing Loan – New Debt
Mortgage 1 is recorded securing a promissory note (Note 1) in the amount of $500,000. Tax is paid on $500,000. When the unpaid principal balance of the loan is $250,000, the mortgagor signs a second promissory note (Note 2) in the amount of $250,000.
- Note 2 pays off Note 1, and Mortgage 1 is satisfied
- Mortgage 2 is recorded securing Note 2
Question |
Answer |
Does the document secure a new debt or increase an existing debt? |
Yes |
What is the document doing? |
Securing $250,000 of new debt |
What amount of debt is subject to tax? |
$250,000 |
Example 3: Supplemental Mortgage – Existing Debt Increased
Mortgage 1 is recorded securing a promissory note (Note 1) in the amount of $5,000,000. Tax is properly paid on $5,000,000. When the unpaid principal balance is $2,500,000, the mortgagor signs a second promissory note (Amended Note 1), which amends Note 1 and describes an additional advance of $2,500,000.
- Note 1 is not paid off, and Mortgage 1 is not satisfied
- Supplemental Mortgage 1 is recorded securing Amended Note 1
Question |
Answer |
Does the document secure a new debt or increase an existing debt? |
Yes |
What is the document doing? |
Securing $2,500,000 of additional debt |
What amount of debt is subject to tax? |
$2,500,000 |
Example 4: Modified Mortgage – New Debt
Mortgage 1 is recorded securing a promissory note (Note 1) in the amount of $5,000,000. Tax is properly paid on $5,000,000. When the unpaid principal balance is $2,500,000, the mortgagor signs a second promissory note (Note 2) in the amount of $5,000,000.
- Note 2 pays off Note 1 and advances $2,500,000 to the mortgagor
- Modified Mortgage 1 is recorded securing Note 2
Question |
Answer |
Does the document secure a new debt or increase an existing debt? |
Yes |
What is the document doing? |
Securing $5,000,000 of new debt |
What amount of debt is subject to tax? |
$5,000,000 |