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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.

With a secured promissory note, the borrower is required to put up some form of collateral, usually property or assets. If the borrower fails to pay back the lender, they will receive the collateral to make up for the lost payments. Loans are typically accompanied by unsecured promissory notes.

A secured promissory note, as the name partially implies, is secured by some form of property (i.e. collateral), while an unsecured promissory note does not involve collateral. If the borrower defaults on a Secured Promissory Note, the lender gets to keep the collateral (the property that was used to secure the loan).

What Happens When a Promissory Note Is Not Paid? Promissory notes are legally binding documents. Someone who fails to repay a loan detailed in a promissory note can lose an asset that secures the loan, such as a home, or face other actions.

Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.

Secured and Unsecured Promissory Notes Banks and other financial institutions will require property to be used as collateral to secure the note whereas an individual loaning money to a family member may choose to forego the use of collateral.

A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.

A promissory note is the document that sets forth the terms of a loan's repayment. A promissory note can be secured with a pledge of collateral, which is something of value that can be seized if a borrower defaults.

A home mortgage effectively secures a promissory note with the title to the property in question in case the lender should need to foreclose and sell the property in event of nonpayment. Your lender will keep the original promissory note until your loan is paid off.