Key Takeaways
For startups, loans are typically borrowing arrangements between a startup and a single bank lender. In contrast, loan notes function like shares issued to multiple investors but are structured like any debt arrangement, with interest payments throughout its life.
A personal loan agreement is a legally binding contract that defines the expectations for both a borrower and a lender. It can be drawn up with an official lender, like a bank or credit union, or used in a more informal situation, such as with a friend who's lending you an amount of money.
Promissory notes are legally binding whether the note is secured by collateral or based only on the promise of repayment. If you lend money to someone who defaults on a promissory note and does not repay, you can legally possess any property that individual promised as collateral.
A promissory note could become invalid if: It isn't signed by both parties. The note violates laws. One party tries to change the terms of the agreement without notifying the other party.
A lender holds the promissory note until the mortgage loan is paid off.
Notarization provides added legitimacy and security, making enforcing the promissory note in court easier. It also helps verify the authenticity of signatures, reducing the risk of disputes.
If the maker fails to pay according to the terms of the promissory note, the holder can foreclose on the property that secured the note, thereby recovering the unpaid principal of the note, interest, fees and expenses. An unsecured promissory note is one that is not secured by any collateral.
In some circumstances, however, a promissory note is fraudulent and a promissory note scam is operated in order to improperly obtain investor funds. Promissory note fraud is a crime and those involved in a scam can face a lengthy prison sentence if convicted of fraud offenses.
First and foremost, understand that personal loan agreements fall into the classification of contracts. Technically, you don't have to notarize these documents. But if you want to make this document legally binding, then notarization is the best course of action.
Lack of legal capacity
For a contract to be legally binding, the parties signing the agreement should be of legal capacity. Meaning the individual should be capable of understanding what they are agreeing to. Lack of legal capacity makes a contract null and void.
Promissory notes are less detailed than loan agreements and typically used for smaller sums of money and shorter terms. They are a good choice if you are lending money to family and friends where there is a level of trust between the parties.
A promissory note agreement is a written promise from a borrower to repay a specific sum of money to a lender. These agreements outline the loan terms, including the repayment terms and the consequences of late payment.
A loan agreement may be called a number of different things, including a loan contract, a credit agreement, a financing agreement, and in some cases, a promissory note.
A promissory note can become invalid if it excludes A) the total sum of money the borrower owes the lender (aka the amount of the note) or B) the number of payments due and the date each increment is due.
It is the maker who is primarily liable on a promissory note. The issuer of a note or the maker is one of the parties who, by means of a written promise, pay another party (the note's payee) a definite sum of money, either on demand or at a specified future date.
The debt owed on a promissory note either can be paid off, or the noteholder can forgive the debt even if it has not been fully paid. In either case, a release of promissory note needs to be signed by the noteholder.
While a lawyer isn't mandatory for drafting a promissory note, it is a good idea to seek legal advice if you plan on lending or borrowing money.
The lender keeps the original promissory note until you have fulfilled all obligations, i.e., paid off, your mortgage. A promissory note will generally contain the following information: The total amount of money borrowed; Your interest rate (either fixed or adjustable);
Payment Amount Missed
The promissory note could be declared invalid if it doesn't reveal the amount that the borrower owes the lender, or what installments are due. If there are multiple installments, then include each installment's due date.
Promissory notes are ideal for individuals who do not qualify for traditional mortgages because they allow them to purchase a home by using the seller as the source of the loan and the purchased home as the source of the collateral.
Signing a promissory note means you're liable for repaying the loan. It contains the terms for repayment.
While they are very similar, the unsecured promissory note only represents the borrower's promise to pay the full amount plus interest, while a mortgage puts a lien on the real estate that allows the lender to foreclose on it in the case of nonpayment.