Michigan Installment Promissory Note and Security Agreement
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FAQ
There is a six year statute of limitations in Michigan. However, you can enter a promissory note that says in writing you will pay all the money back in 10 years. In a case like this the six year statute of limitations runs 16 years after the note was signed.
A secured promissory note may include a security agreement as part of its terms. If a security agreement lists a business property as collateral, the lender might file a UCC-1 statement to serve as a lien on the property. A security agreement mitigates the default risk faced by the lender.
There is no legal requirement for most promissory notes to be witnessed or notarized in Michigan (a promissory note for a home loan, however, may need to be notarized). Still, the parties may decide to have the document certified by a notary public for protection in the event of a lawsuit.
A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust. If the collateral is personal property, there will be a security agreement.
A security interest arising out of a sale of a promissory note (i.e., an instrument) is perfected automatically, without additional action, when it attaches. See Section 9-304(4) of the Uniform Commercial Code.
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.
General Definition. Promissory notes are defined as securities under the Securities Act. However, notes that have a maturity of nine months or less are not considered securities.
