For use in all states except AK,FL,ME,NY,PR,VT,VA,WV,WI
For use in all states except AK,FL,ME,NY,PR,VT,VA,WV,WI
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Unsecured Promissory NotesAn unsecured promissory note is an obligation for payment without any property securing the payment. If the payor fails to pay, the payee must file a lawsuit and hope that the payor has sufficient assets that can be seized to satisfy the loan.
So, what's the difference between secured and unsecured promissory notes? It's actually quite simple. A secured note is any debt collateralized with real property like a first deed of trust or car title. Conversely, an unsecured note is any debt not secured by collateral (or uncollateralized).
An unsecured note is not backed by any collateral and thus presents more risk to lenders. Due to the higher risk involved, these notes' interest rates are higher than with secured notes. In contrast, a secured note is a loan backed by the borrower's assets, such as a mortgage or auto loan.
Executing the promissory note is what makes it legal. Banks often have the promissory note notarized and signed by a witness or two. While this isn't required, it does create an extra layer of legality when other parties witness the agreement execution.
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.
An unsecured promissory note is a legally binding contract between two parties where one party agrees to pay the other a certain amount of money at a specific time in the future. The reason it is called 'unsecured' is because the borrower does not want to pledge any assets as collateral for the loan.
There is no legal requirement for most promissory notes to be witnessed or notarized in Virginia (promissory notes related to real estate must be notarized). Still, the parties may decide to have the document certified by a notary public for protection in the event of a lawsuit.
Even if you have the original note, it may be void if it was not written correctly. If the person you're trying to collect from didn't sign it and yes, this happens the note is void. It may also become void if it failed some other law, for example, if it was charging an illegally high rate of interest.
A Promissory Note only requires the signature of a borrower, whereas the Loan Agreement should include signatures from both parties. It should clearly state how borrower will make the payments. Like at the end of the term, regular periodic payment, regular payments towards interest only (or interest & principal).
An unsecured promissory note is an obligation for payment without any property securing the payment. If the payor fails to pay, the payee must file a lawsuit and hope that the payor has sufficient assets that can be seized to satisfy the loan.