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At its most basic, a promissory note should include the following things:Date.Name of the lender and borrower.Loan amount.Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral?Payment amount and frequency.Payment due date.Whether the loan has a cosigner, and if so, who.
A Promissory Note will only be enforceable if it includes all the elements which are necessary to make it a legal document.
Default could happen with one missed payment or might not occur until after several payments have been missed, depending on the terms of the note. The promissory note itself should set out what constitutes default, so that both the lender and the borrower are clear on the terms.
A default occurs when a borrower is unable to make timely payments, misses payments, or avoids or stops making payments on interest or principal owed. Defaults can occur on secured debt, such as a mortgage loan secured by a house, or unsecured debt such as credit cards or a student 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.