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When endorsed (alt. spelling "indorsed"), a promissory note is a negotiable instrument. This is how banks fund mortgages--the promissory note is endorsed to them, making it a negotiable instrument (i.e., a check) which they then list as a deposit in their books. Concurrently, they provide a "funding check" to the seller or seller's agent. In this way, the bank's books are brought into balance.

A promissory note is generally thought of as a glorified IOU--which it more or less is--but a lesser known fact (by the general public) is that when endorsed, it becomes a negotiable instrument, i.e. a check or bill of exchange.

All over the internet, there are good discussions on the implications of mortgage promissory notes and whether or not the situation described above is fraudulent. An interesting discussion above...which may or may no be exactly correct. To the original question: Not all promissory notes are or can be negotiable instruments. ANY P-Note may have the term added that it is NOT negotiable, by agreement of the parties at origination or some point thereafter. this isvery, very common with these instruments when used in family, closely held corporation, etc situations. Or, also common, an instrument may just have who it can be negotiated by restricted...like to members of a club or group...also common. While an open endorsement makes an instrument freely negotiable by the next person to put their name on it...a restricted endorsement (like endorsing acheck with the terms "for deposit to the account of ABC Co only", restricts it to that. (That is why you will see that as he common endorsement on the stamp that most businesses use...even if the endorsed check is stolen or "mis-routed", it is useless to anyone else.)

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14y ago
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9y ago

If properly legalised they can be.

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Q: Is a promissory notes negotiable instrument?
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