Promissory Note
What Is a Promissory Note?
A promissory note is a document that records a promise to pay back money that has been loaned. The party making the promise to repay is known as the debtor or the maker of the note. The party loaning the money is called the creditor or the holder of the note. Promissory notes are created when a loan is made, in order to record the promise to repay the loan.
The legal effect of a promissory note is similar to that of a contract, in that the debtor is legally bound to hold to their promise as recorded in the note. A default, or failure to make payments can result in several unwanted consequences such as a lawsuit, bad credit, or repossession of a home or other property.
What Does a Promissory Note Include?
A thoroughly written promissory note should include:
• Amount of repayment
• Terms of repayment
• Amount of interest charged
• What will happen in the case of default
Promissory notes are most commonly used in for mortgages and trust deeds in connection with residential property transactions.
Types of Promissory Notes
There are several different types of promissory notes, depending on the type of loan that was issued.The different kinds of promissory notes include:
• Personal Promissory Notes: These are used to document a personal loan from a friend or family member. Although many people tend to avoid legal writings when dealing with trusted acquaintances, the use of a promissory note actually demonstrates good faith and effort on behalf of the borrower.
• Commercial: Promissory notes are almost always a requirement when dealing with commercial lenders such as a bank. Most commercial promissory notes are similar to personal notes, although they can be stricter. If the borrower defaults, the commercial lender is usually entitled to immediate repayment on the balance. Further, default can result in a lien on the borrower’s property in order to obtain payments.
• Real Estate: These are similar to commercial notes with respects to the default consequences. In this case, a lien is placed on the home or other real property. If default on a mortgage results in a lien, the information becomes public record and can affect the borrowers credit or purchasing abilities in the future.
• Investments: In a business setting, promissory notes are sometimes exchanged in order to raise capital for the business. This type of note may be a type of security interest and would thus be regulated by securities laws. These notes often contain clauses dealing with returns of investment for a certain time period.
Promissory notes are useful and necessary tools that are beneficial for both the lender and the borrower. With a promissory note, the lender gains additional assurance that their loan will be repaid in a timely and legitimate manner. For the borrower, the note can provide important information regarding his or her rights.
Use a Promissory Notes if:
• You plan to loan money to another person or business, and would like to formalize the agreement.
• You’re looking to borrow money from a private party or a business, and you'd like to get all the terms in writing.
• You’re involved in a loan that includes interest, and you wish to prepare an amortization table for both parties.
• You need a written record determining the amount of a monthly loan payment.
• You've been asked to create a Promissory Note on behalf of a lender and borrower to outline the terms of a loan.
Collecting on your Promissory Note:
Unfortunately, just because you create a promissory note doesn’t mean that the borrower will necessarily pay you back in a timely manner. If you’re having trouble getting paid, there are a few ways to move forward.
Be polite: This might seem a little odd, but it shouldn’t. Generally, borrowers truly do want to repay their loans. After all, nobody likes feeling beholden. But life can get in the way. Perhaps a borrower had an emergency surgery or needed a new transmission and can’t pay when promised. If you ask nicely for repayment and the borrower has a good reason they can’t quite make good when they agreed to, consider being a little lenient. They’ll thank you for it and be all the more inclined to pay in full. Meeting someone halfway can really go a long way.
Ask for payment in writing: If being nice doesn’t cut it, consider sending a past due notice. These notices create a paper trial in the unfortunate event your loan ends up in court and it will show your borrower you’re serious. Make sure you keep copies of these past due notices. Commonly, notices are sent at monthly intervals, so we have 30 Day, 60 Day, and 90 Day Past Due Notices for when you need them.
Use a Debt Settlement Agreement: Even if your borrower wants to repay you in full, there’s always the chance that they simply cannot. And, depending on the sum and how much you value your own time, going to court might not be an option. Rather than writing your loan off as a loss, consider using a debt settlement agreement. In this document, you can restructure the payment scheme, change the amount owed or the amount of time the borrower has to pay you. And while few people ever want to use a debt settlement agreement, something is certainly better than nothing.
Call a debt collector: When worse comes to worse, it’s time to call a professional. Debt collection agencies are most often used when a business needs to be repaid, though they will take a cut of the payment, either as a lump sum or percentage. This varies by state and by agency. Other times, depending on the type of promissory note or wealth of the buyer, you’ll “sell” your debt to a collector and they will collect what they can. You’ll sell that debt at a reduced rate, of course.
How to write a Promissory Notes
1. Meet the required elements to create an enforceable promissory note. An enforceable note must include the following:
• Default terms - What will happen if the borrower fails to repay in a timely manner.
• The amount of the loan - The amount that is borrowed and owed
• The Pledge of Security Agreement or Collateral hold - List any goods or services and the value used as a guarantee of the debt to be paid.
• Repayment dates - The date payments are due or loan must be repaid.
• Interest - The amount of interest accrued on the life of the debt and terms for late or missed payments, if applicable.
• Amount after interest has been applied or PI (principle + interest).
2. Outline the terms of the agreement that the borrower and lender have agreed upon. The terms should define the following:
• Loan principal - The original amount loaned to the borrower.
• Interest rate - The rate charged or paid on borrowed money. Interest rates are calculated in terms of annual percentage rate or APR.
• Maturity rate - The date the debt become due.
3. Decide on a secured or unsecured promissory note for the repayment process.
• A secured promissory note requires the borrower to provide goods, property or services as collateral, in the event the borrower defaults on the debt. The value of the collateral must be equal to or greater than the principal of the debt.
• An unsecured promissory note generally requires no collateral to borrow. Good to excellent credit is required to get an unsecured loan.
4. Make the promissory note enforceable. The body of the document must include:
• Legal names of all parties that have a vested interest in the transaction.
• Address and phone numbers of each party involved, including the lender.
• The signature of the borrower and witness. The lender's signature may or may not be required. The requirement varies by state.
• Purpose : What the money will be used for. This will also vary by state.
5. Inform the borrower of the right to transfer clause.
• Default of payments on debts by a secured note may require the borrower to forfeit the items in lieu of payment.
• The borrower has a right to be informed that the note can be transferred by the lender to another party. The original terms and agreement will remain effective, but the debt will be payable to a different party.
Promissory Note
What Is a Promissory Note?
A promissory note is a document that records a promise to pay back money that has been loaned. The party making the promise to repay is known as the debtor or the maker of the note. The party loaning the money is called the creditor or the holder of the note. Promissory notes are created when a loan is made, in order to record the promise to repay the loan.
The legal effect of a promissory note is similar to that of a contract, in that the debtor is legally bound to hold to their promise as recorded in the note. A default, or failure to make payments can result in several unwanted consequences such as a lawsuit, bad credit, or repossession of a home or other property.
What Does a Promissory Note Include?
A thoroughly written promissory note should include:
• Amount of repayment
• Terms of repayment
• Amount of interest charged
• What will happen in the case of default
Promissory notes are most commonly used in for mortgages and trust deeds in connection with residential property transactions.
Types of Promissory Notes
There are several different types of promissory notes, depending on the type of loan that was issued.The different kinds of promissory notes include:
• Personal Promissory Notes: These are used to document a personal loan from a friend or family member. Although many people tend to avoid legal writings when dealing with trusted acquaintances, the use of a promissory note actually demonstrates good faith and effort on behalf of the borrower.
• Commercial: Promissory notes are almost always a requirement when dealing with commercial lenders such as a bank. Most commercial promissory notes are similar to personal notes, although they can be stricter. If the borrower defaults, the commercial lender is usually entitled to immediate repayment on the balance. Further, default can result in a lien on the borrower’s property in order to obtain payments.
• Real Estate: These are similar to commercial notes with respects to the default consequences. In this case, a lien is placed on the home or other real property. If default on a mortgage results in a lien, the information becomes public record and can affect the borrowers credit or purchasing abilities in the future.
• Investments: In a business setting, promissory notes are sometimes exchanged in order to raise capital for the business. This type of note may be a type of security interest and would thus be regulated by securities laws. These notes often contain clauses dealing with returns of investment for a certain time period.
Promissory notes are useful and necessary tools that are beneficial for both the lender and the borrower. With a promissory note, the lender gains additional assurance that their loan will be repaid in a timely and legitimate manner. For the borrower, the note can provide important information regarding his or her rights.
Use a Promissory Notes if:
• You plan to loan money to another person or business, and would like to formalize the agreement.
• You’re looking to borrow money from a private party or a business, and you'd like to get all the terms in writing.
• You’re involved in a loan that includes interest, and you wish to prepare an amortization table for both parties.
• You need a written record determining the amount of a monthly loan payment.
• You've been asked to create a Promissory Note on behalf of a lender and borrower to outline the terms of a loan.
Collecting on your Promissory Note:
Unfortunately, just because you create a promissory note doesn’t mean that the borrower will necessarily pay you back in a timely manner. If you’re having trouble getting paid, there are a few ways to move forward.
Be polite: This might seem a little odd, but it shouldn’t. Generally, borrowers truly do want to repay their loans. After all, nobody likes feeling beholden. But life can get in the way. Perhaps a borrower had an emergency surgery or needed a new transmission and can’t pay when promised. If you ask nicely for repayment and the borrower has a good reason they can’t quite make good when they agreed to, consider being a little lenient. They’ll thank you for it and be all the more inclined to pay in full. Meeting someone halfway can really go a long way.
Ask for payment in writing: If being nice doesn’t cut it, consider sending a past due notice. These notices create a paper trial in the unfortunate event your loan ends up in court and it will show your borrower you’re serious. Make sure you keep copies of these past due notices. Commonly, notices are sent at monthly intervals, so we have 30 Day, 60 Day, and 90 Day Past Due Notices for when you need them.
Use a Debt Settlement Agreement: Even if your borrower wants to repay you in full, there’s always the chance that they simply cannot. And, depending on the sum and how much you value your own time, going to court might not be an option. Rather than writing your loan off as a loss, consider using a debt settlement agreement. In this document, you can restructure the payment scheme, change the amount owed or the amount of time the borrower has to pay you. And while few people ever want to use a debt settlement agreement, something is certainly better than nothing.
Call a debt collector: When worse comes to worse, it’s time to call a professional. Debt collection agencies are most often used when a business needs to be repaid, though they will take a cut of the payment, either as a lump sum or percentage. This varies by state and by agency. Other times, depending on the type of promissory note or wealth of the buyer, you’ll “sell” your debt to a collector and they will collect what they can. You’ll sell that debt at a reduced rate, of course.
How to write a Promissory Notes
1. Meet the required elements to create an enforceable promissory note. An enforceable note must include the following:
• Default terms - What will happen if the borrower fails to repay in a timely manner.
• The amount of the loan - The amount that is borrowed and owed
• The Pledge of Security Agreement or Collateral hold - List any goods or services and the value used as a guarantee of the debt to be paid.
• Repayment dates - The date payments are due or loan must be repaid.
• Interest - The amount of interest accrued on the life of the debt and terms for late or missed payments, if applicable.
• Amount after interest has been applied or PI (principle + interest).
2. Outline the terms of the agreement that the borrower and lender have agreed upon. The terms should define the following:
• Loan principal - The original amount loaned to the borrower.
• Interest rate - The rate charged or paid on borrowed money. Interest rates are calculated in terms of annual percentage rate or APR.
• Maturity rate - The date the debt become due.
3. Decide on a secured or unsecured promissory note for the repayment process.
• A secured promissory note requires the borrower to provide goods, property or services as collateral, in the event the borrower defaults on the debt. The value of the collateral must be equal to or greater than the principal of the debt.
• An unsecured promissory note generally requires no collateral to borrow. Good to excellent credit is required to get an unsecured loan.
4. Make the promissory note enforceable. The body of the document must include:
• Legal names of all parties that have a vested interest in the transaction.
• Address and phone numbers of each party involved, including the lender.
• The signature of the borrower and witness. The lender's signature may or may not be required. The requirement varies by state.
• Purpose : What the money will be used for. This will also vary by state.
5. Inform the borrower of the right to transfer clause.
• Default of payments on debts by a secured note may require the borrower to forfeit the items in lieu of payment.
• The borrower has a right to be informed that the note can be transferred by the lender to another party. The original terms and agreement will remain effective, but the debt will be payable to a different party.
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