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Unlike a promissory note, a loan agreement imposes obligations on both parties, which is why both the borrower and lender must sign the agreement. A loan agreement should state what purpose the loan is used for, and whether the borrower must provide compensation if the lender suffers loss.
Often there is no legal requirement that a promise to pay be evidenced in a promissory note, nor any prohibition from including it in a loan or credit agreement. Although promissory notes are sometimes thought to be negotiable instruments, this typically is not the case.
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.
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.
A Promissory Note with Installment Payments is a lending contract that sets terms for a loan to be repaid in installments. This Promissory Note specifies that the loan will be paid back with consistent, equal, payments. Whether you're the lender or the borrower, you know exactly what each payment will be.
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.
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.
2. They both usually cover the consequences of non-payment. Neither a promissory note nor a loan agreement would be complete without including certain information about what should be done in case the borrower doesn't pay the lender back.
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 a written agreement to pay someone essentially an IOU. But it's not something to be taken lightly. "It is a legally binding written document effectuating a promise to repay money," says Andrea Wheeler, a business attorney and owner of Wheeler Legal PLLC of Florida.