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Owner Financing Promissory Note for Philippines

Owner Financing Promissory Note Template for Philippines

A legally binding financial instrument used in the Philippines that documents a borrower's promise to repay a property seller in installments when traditional bank financing is not used. This document, governed by Philippine law including the Civil Code, Truth in Lending Act, and Maceda Law, outlines the terms of repayment, interest rates, security arrangements, and consequences of default. It serves as both evidence of debt and a security instrument, incorporating mandatory consumer protection provisions and disclosure requirements specific to Philippine jurisdiction.

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What is a Owner Financing Promissory Note?

The Owner Financing Promissory Note is a crucial document in Philippine real estate transactions where traditional bank financing is not utilized. It enables property sellers to finance the purchase directly, creating a legally binding agreement that protects both parties' interests. This document must comply with various Philippine laws, including the Civil Code, Truth in Lending Act, and Maceda Law, which provide specific requirements for disclosure, consumer protection, and default remedies. The note typically includes detailed payment terms, interest calculations, security provisions, and default consequences, making it essential for transactions involving installment payments for property purchases. It's particularly useful in situations where buyers may not qualify for traditional bank loans or when sellers prefer to receive regular payments over time while maintaining security interest in the property.

What sections should be included in a Owner Financing Promissory Note?

1. Parties: Identification of the Maker (Buyer/Borrower) and the Payee (Seller/Lender), including complete legal names and addresses

2. Background: Brief context of the owner financing arrangement and reference to the main property sale agreement

3. Definitions: Key terms used throughout the document, including 'Principal Amount', 'Interest Rate', 'Maturity Date', and other relevant terms

4. Promise to Pay: The fundamental promise to pay the principal amount with specified interest, including the total amount financed

5. Payment Terms: Detailed payment schedule, including monthly payment amounts, due dates, and term of the note

6. Interest Rate: Clear statement of interest rate, how it's calculated, and whether it's fixed or variable

7. Security: Description of the property securing the note and reference to any related security instruments

8. Default Provisions: Conditions constituting default and consequences, including acceleration of the debt

9. Remedies: Rights and remedies of the Payee in case of default, subject to Maceda Law provisions

10. Truth in Lending Disclosures: Mandatory disclosures required by Philippine law, including total cost of credit

11. Governing Law: Specification of Philippine law as governing law and jurisdiction

12. Execution: Signature blocks and notary requirements

What sections are optional to include in a Owner Financing Promissory Note?

1. Prepayment Provisions: Terms allowing early payment of the note, including any prepayment penalties or benefits

2. Late Payment Charges: Additional fees or charges for late payments, if applicable

3. Insurance Requirements: Requirements for property insurance and consequences of failure to maintain insurance

4. Transfer Provisions: Terms regarding the transferability of the note and/or the property

5. Subordination: Provisions regarding subordination to other loans, if applicable

6. Attorney's Fees: Provisions for recovery of legal costs in case of enforcement

7. Property Maintenance: Requirements for maintaining the property securing the note

8. Due on Sale Clause: Acceleration of the note if the property is sold or transferred

What schedules should be included in a Owner Financing Promissory Note?

1. Amortization Schedule: Detailed schedule showing breakdown of payments into principal and interest over the loan term

2. Property Description: Legal description of the property securing the note

3. Truth in Lending Disclosure Statement: Detailed disclosure of all financing terms as required by Philippine law

4. Payment Instructions: Detailed instructions for making payments, including acceptable payment methods and locations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions

































Clauses





























Relevant Industries

Real Estate

Financial Services

Legal Services

Property Development

Construction

Housing

Commercial Property

Residential Property

Investment

Relevant Teams

Legal

Real Estate

Compliance

Finance

Sales

Property Management

Document Processing

Risk Management

Investment

Relevant Roles

Real Estate Attorney

Property Manager

Real Estate Broker

Legal Counsel

Compliance Officer

Real Estate Developer

Property Developer

Finance Manager

Real Estate Agent

Title Officer

Contract Administrator

Legal Document Specialist

Property Sales Manager

Real Estate Investment Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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