Why Would I Want an Interest in the Note?
Why Would I Want an Interest in the Note?
When you sign a promissory note, that note itself becomes property.
Banks treat notes as valuable assets because they can be sold, transferred, or used as collateral.
In Carpenter v. Longan (83 U.S. 271, 1872), the Supreme Court ruled that the mortgage follows the note.
This means whoever controls the note controls the enforceable interest in the mortgage.
If you do nothing, the presumption is that only the bank has an interest in the note.
By filing a UCC-1, you record evidence that you also claim an interest.
That filing does not prove ownership.
But it rebuts the presumption that the bank has the only claim, and it preserves your place in the record.
Put simply: the note is the property that drives the mortgage.
If you don’t preserve evidence of your interest in the note, you risk being excluded altogether.
Citations & Authorities
(1) UCC § 3-104 — promissory notes as negotiable instruments (personal property).
(2) Carpenter v. Longan, 83 U.S. 271 (1872) — the note is property; the mortgage follows the note.
(3) Evidence of Intent™ Toolkit — uses declarations and assignments styled after recognized instruments to preserve claims.
Conclusion
Claiming an interest in the note matters because the note is the controlling property right.
A UCC-1 gives you evidence of that claim so you are not presumed out.
The note is the property. The mortgage follows the note. If you don’t record evidence of your interest, the system assumes you never had one.
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