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Partial Claim Promissory Note for the United States

Partial Claim Promissory Note Template for United States

A Partial Claim Promissory Note is a legal document used in the United States that evidences a borrower's promise to repay a portion of a debt under specific terms and conditions. This instrument is commonly used in loan modification programs, particularly in government-backed mortgage situations, where a portion of the past-due amount is set aside as a non-interest bearing second lien. The document must comply with federal regulations and state-specific requirements regarding promissory notes and secured lending.

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What is a Partial Claim Promissory Note?

The Partial Claim Promissory Note serves as a critical tool in loan workout scenarios, particularly in the context of federally-backed mortgages and loan modification programs. This document is frequently utilized when a borrower needs assistance bringing their loan current, and a portion of the past-due amount is structured as a separate obligation. The note details the specific amount being claimed, repayment terms, and any security interests. It must comply with both federal and state regulations, including the Truth in Lending Act and state-specific usury laws. The document is particularly common in FHA loan modifications and similar government-sponsored programs.

What sections should be included in a Partial Claim Promissory Note?

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

2. Principal Amount: Clear statement of the partial claim amount being promised

3. Payment Terms: Specific terms including payment schedule, interest rate, and maturity date

4. Default Provisions: Consequences of missing payments or other defaults

5. Signatures: Execution block with date and signatures of all parties

What sections are optional to include in a Partial Claim Promissory Note?

1. Collateral: Description of any security interest, used when the note is secured by specific assets

2. Prepayment Terms: Terms regarding early payment options and any associated penalties or benefits

3. Late Payment Provisions: Specific penalties and consequences for late payments

What schedules should be included in a Partial Claim Promissory Note?

1. Payment Schedule: Detailed schedule of payment amounts and due dates

2. Collateral Description: Detailed description of any assets securing the note

3. Amortization Schedule: Breakdown of principal and interest payments over time

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

Promissory Note

Sector

Banking

Cost

Free to use
Clauses




















Industries

Truth in Lending Act (TILA): Federal law that requires clear disclosure of lending terms and costs to protect consumers in credit transactions

Fair Debt Collection Practices Act (FDCPA): Federal law governing debt collection practices and protecting debtors from abusive collection methods

Consumer Credit Protection Act: Federal law providing a comprehensive framework for consumer credit rights and protections

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including promissory notes

State Usury Laws: State-specific regulations that set maximum legal interest rates and penalties for exceeding them

State Promissory Note Requirements: State-specific formal requirements for promissory notes to be legally valid and enforceable

State Statutes of Limitations: Time limits set by state law for bringing legal action to collect on a promissory note

State Consumer Protection Laws: State-specific regulations protecting consumers from unfair or deceptive lending practices

Statute of Frauds: Legal requirement that certain contracts, including some promissory notes, must be in writing to be enforceable

Contract Law Principles: Fundamental legal requirements including consideration, capacity, and mutual assent for valid contract formation

Security Interest Regulations: Laws governing the creation and enforcement of security interests if the note is secured by collateral

Recording Requirements: Legal requirements for recording the promissory note if secured by real property

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer financial products and services

State Banking Regulations: State-specific rules governing banking and lending operations

Federal Reserve Board Regulations: Federal regulations affecting lending practices and monetary policy

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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