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Loan Origination Agreement for the United States

Loan Origination Agreement Template for United States

A Loan Origination Agreement is a comprehensive legal document used in the United States that establishes the terms and conditions under which a lender will provide financing to a borrower. This agreement complies with federal regulations including TILA, ECOA, and state-specific lending laws. It outlines the loan amount, interest rate, repayment terms, conditions precedent, representations and warranties, and events of default. The document serves as the primary contract governing the lending relationship and includes all necessary disclosures required by U.S. federal and state law.

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What is a Loan Origination Agreement?

The Loan Origination Agreement serves as the foundational document in lending transactions within the United States financial services industry. This agreement is essential when establishing a new lending relationship, whether for consumer loans, business financing, or real estate transactions. The document must comply with various federal regulations including the Truth in Lending Act, Equal Credit Opportunity Act, and state-specific requirements. A properly structured Loan Origination Agreement protects both lender and borrower by clearly defining all aspects of the lending relationship, from initial disbursement through final repayment, while ensuring regulatory compliance.

What sections should be included in a Loan Origination Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the loan arrangement and purpose

3. Definitions: Key terms used throughout the agreement

4. Loan Terms: Principal amount, interest rate, term, and payment schedule

5. Conditions Precedent: Conditions that must be met before loan disbursement

6. Representations and Warranties: Statements of fact by borrower regarding their status and ability to repay

7. Covenants: Ongoing obligations of the borrower during loan term

8. Events of Default: Circumstances constituting default and remedies

9. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Loan Origination Agreement?

1. Security: Details of collateral if loan is secured - include for secured loans only

2. Guarantees: Terms of any guarantees provided - include when third-party guarantees are required

3. Insurance Requirements: Required insurance coverage - include for secured loans or when specific risks need coverage

4. Prepayment Provisions: Terms for early repayment - include when early repayment is allowed or restricted

What schedules should be included in a Loan Origination Agreement?

1. Payment Schedule: Detailed amortization table or payment terms

2. Fee Schedule: Breakdown of all applicable fees

3. Required Documents List: List of documents required for loan processing

4. Security Documents: Details of collateral documentation - applicable for secured loans

5. Compliance Certificates: Forms for ongoing compliance certification

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

United States

Publisher

Ƶ

Document Type

Fee Agreement

Cost

Free to use
Clauses




















Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law requiring disclosure of key terms and costs in consumer credit transactions, including advertising practices and consumer rights

Equal Credit Opportunity Act (ECOA) and Regulation B: Federal law prohibiting discrimination in lending and regulating credit application procedures

Fair Credit Reporting Act (FCRA): Federal law governing the use of credit reports and requirements for adverse action notices

Bank Secrecy Act (BSA) and AML regulations: Federal regulations establishing Know Your Customer (KYC) requirements and reporting obligations for financial institutions

Dodd-Frank Wall Street Reform Act: Federal law establishing consumer protection provisions and ability-to-repay requirements in lending

State Usury Laws: State-specific laws governing maximum interest rate limitations and fee restrictions on loans

State Licensing Requirements: State-specific regulations for lender and loan originator licensing

State Disclosure Requirements: State-specific mandatory disclosures and cooling-off periods for loan agreements

State Consumer Protection Laws: State-specific consumer rights and prohibited practices in lending

Real Estate Settlement Procedures Act (RESPA): Federal law governing mortgage lending procedures and settlement processes

Home Mortgage Disclosure Act (HMDA): Federal law requiring mortgage lenders to maintain and disclose data about their lending practices

UCC Article 9: Uniform Commercial Code provisions governing secured transactions in commercial lending

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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