The instrument used is not what creates the tax liability.  

You can re-coupe some of these costs by including them in the loan but not all of them.

Yes, I'm quite familiar with the scenario.20/20 hindsight is to make certain that the security instrument has either and entity that you control or an A+ rated title company involved.

If you don't have tie, won't have time, or feel challenged in any way, please have your investor call me - I have those three simple documents/instruments and I sleep like a baby.

(Yes, a moisture meter is the instrument, and should be in every landlord's tool kit.)

To the best of my knowledge, notes on mortgages are valid until satisfied.Regarding your last sentence, the instrument that secures the repayment obligation with an interest in real property has a definite period within which it must be exercised in relation to the maturity date of the mortgage/DoT.

The instruments are either Shared Equity Note or Mezzanine Financing.There are some other ways to do this and we do not have all your details so seek counsel.  

The Mortgagee being dead (if they really mean deceased or out of business) doesn't affect the legality or enforcement of the Security Instrument (Mortgage/DOT) and Note.A "Note Judgement" which is not a technical term, seems to mean the borrower can only suffer from a Deficiency if one is pursued.

ACCEPTANCE: This instrument will become a legally binding contract when accepted by the Seller and signed by both Buyer and Seller." - They never even sent me a copy of the contract signed by them!

Texas Instruments!