source:
  type: guide
  id: hud-4000-1-ii-b-mortgage-and-note
  authority: FHA Single Family Housing Policy Handbook 4000.1, Part II — b. Mortgage
    and Note (04/10/2025)
  description: FHA Single Family Housing Policy Handbook 4000.1, Part II — b. Mortgage
    and Note (04/10/2025).
  coverage_tier: operative
obligations:
- id: hud-4000-1-ii-b-mortgage-and-note-full
  canonical_id: hud-4000-1-ii-b-mortgage-and-note-full
  section: FHA Single Family Housing Policy Handbook 4000.1, Part II — b. Mortgage
    and Note (04/10/2025)
  type: do
  tags:
  - regulator-direct
  - fha
  - hud-handbook
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: FHA Single Family Housing Policy Handbook 4000.1, Part II — b. Mortgage
      and Note (04/10/2025)
    source_class: hud-handbook
    source_url: https://www.hud.gov/hud-partners/single-family-handbook-4000-1
    snapshot_id: 8c03836f77f317e1
    fetched_at: '2026-05-23T00:28:40Z'
    content_hash: sha256:411430f29b13f9b54a2ebb0e6f6e7087ecd2b90d0da22eb0c8c792eaa2d7d0df
    paragraph_quote: 'b. Mortgage and Note (04/10/2025) i. Definitions Mortgage refers
      to any form of security instrument that is commonly used in a jurisdiction in
      connection with a loan secured by a one- to four-family residential Property
      and the land on which it is situated, such as a deed of trust or security deed
      or land contract. Note refers to any form of credit instrument commonly used
      in a jurisdiction to evidence a Mortgage. II. ORIGINATION THROUGH POST-CLOSING/ENDORSEMENT
      A. Title II Insured Housing Programs Forward Mortgages 6. Closing Handbook 4000.1
      380 Last Revised: 11/26/2025 ii. Standard The Mortgagee must develop or obtain
      a separate Mortgage and Note that conforms generally to the Freddie Mac and
      Fannie Mae forms in both form and content, but that includes the specific modification
      required by FHA set forth in the applicable Model Note and Mortgage. The Mortgagee
      must ensure that the Mortgage and Note comply with all applicable state and
      local requirements for creating a recordable and enforceable Mortgage, and an
      enforceable Note. All occupying and non-occupying Borrowers and co-Borrowers
      must take title to the Property in their own name or a living trust at settlement,
      be obligated on the Note or credit instrument, and sign all security instruments.
      In community property states, the Borrower’s spouse is not required to be a
      Borrower or a Co-signer. However, the Mortgage must be executed by all parties
      necessary to make the lien valid and enforceable under state law.'
  judgment: false
