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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).
A secured note is a type of loan or corporate bond that is backed by the borrower's assets as a form of collateral. If a borrower defaults on a secured note, the assets pledged as collateral can be sold to repay the note.
A secured promissory note is an obligation to pay that is secured by some type of property. This means that if the payor fails to pay, the payee can seize the designated property to obtain reimbursement of 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).
Alternative names for promissory notes include: IOU, personal notes, loan agreements, notes payable, note, promissory note form, promise to pay, secured or unsecured notes, demand notes, or commercial paper.
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.
Risk-free notes: The risk with promissory notes is that the issuer will not be able to make principal and/or interest payments. Risk and reward are intrinsically related when investing. There is no reward without some level of risk.
An unsecured note carries no collateral, backed only by the promise of the borrower to repay. An example would be an IOU between parties, stipulating a certain interest rate and maturity. Once that arrangement is sold to a third party, the note may become a security.
Collecting on an unsecured promissory note through the courts is a two-step process. First, you need to go through the court process to obtain a judgment against the borrower. Then you need to try to attach the borrower's wages, bank accounts, or other assets in order actually get paid.
Enforcing a secured promissory note is simply a matter of either repossessing the secured asset through your own efforts, or hiring a professional agency to accomplish the task on your behalf. These agencies will charge a set fee for their services, but they usually have a very high rate of success.