A promissory note is a written document in which a borrower agrees (promises) to pay back money to a lender according to specified terms. It typically includes the amount of the loan and the terms and timing of payback.
A promissory note can be prepared in conjunction with a deed of trust (or trust deed) if the lender wants to secure the note with collateral. A deed of trust creates a voluntary lien on real estate that the borrower owns or is purchasing with the loan, and it helps to ensure that the lender will get paid back.
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Frequently Asked Questions about Promissory Notes
What Is a Promissory Note?
A promissory note is a legal document that is essentially a promise made in writing that you will pay someone or that someone will pay you. Promissory notes are often used when a person takes out a loan to formalize the process. Sometimes, promissory notes are called loan agreements or IOUs. They are considered to be a more formal version of a handshake in which you agree to pay someone back for a loan for a house, car, or other item of value. However, this document has legal standing and is enforceable under the law. A lender may collect money promised in a promissory note by requesting the funds in writing or using a debt collector if payments are not made according to the terms.
How to Write a Promissory Note?
Although promissory notes are often simple, there are various things that you should include in a promissory note. Every promissory note should include the names and addresses of the involved parties, the borrower and lender. This legal document should also include the amount of money borrowed, details about any collateral being used, payment terms, and both parties’ signatures. When writing a promissory note, you may also want to customize it further by specifying the amounts and dates that installment payments must be made, amounts of any interest charged on the loan, and amortization schedules. At We the People, we can assist you with writing a promissory note for your specific purpose. Contact your local store for availability.
Where to Get a Promissory Note?
There is no legal requirement as to who must prepare a promissory note, and some individuals write their own promissory notes for simple purposes. You may be able to find basic promissory note templates online to get started with the process. To ensure that the note requires all of essential elements and complies with local law, it advisable to work with a professional legal document preparer, like We the People. Other people choose to hire an attorney to draft a promissory note for them as part of a more complex legal matter. The best way to get a promissory note to suit your needs depends on the purpose of the loan, how much the loan is for, and who is involved.
When Are Promissory Notes Used?
Promissory notes are used in a wide variety of situations with varying degrees of formality and amounts of money. They are often used with regard to mortgages, car loans, and business loans. Promissory notes can also be used for student loans and personal loans between friends and family. In each of these situations, the promissory note serves as a legal record of the money being borrowed and protects the lender in the event that payments are not made according to the agreement. Promissory notes are often made for simple matters and singular transactions that do not require extensive paperwork and court filings. But they are also used by major corporations on a professional level too.
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