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Personal Loan Note Agreement for the United States

Personal Loan Note Agreement Template for United States

A Personal Loan Note Agreement is a legally binding document used in the United States that outlines the terms and conditions of a personal loan between a lender and borrower. It details the loan amount, interest rate, repayment schedule, and consequences of default. The document must comply with federal regulations including the Truth in Lending Act and state-specific usury laws, making it enforceable in U.S. courts.

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What is a Personal Loan Note Agreement?

The Personal Loan Note Agreement serves as a crucial document in personal lending transactions within the United States. It provides a formal structure for documenting loan terms, protecting both lender and borrower interests, and ensuring compliance with federal and state lending regulations. This agreement is essential when individuals or institutions extend personal loans, whether secured or unsecured, and includes critical information such as loan amount, interest rates, payment schedules, default provisions, and any collateral arrangements. The document's format and content are influenced by various federal regulations including the Truth in Lending Act and state-specific usury laws.

What sections should be included in a Personal Loan Note Agreement?

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

2. Background: Brief context of the loan arrangement

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Terms: Principal amount, interest rate, and repayment schedule

5. Payment Terms: Details of how and when payments should be made

6. Default Provisions: Consequences of missing payments or breaching agreement

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

8. Governing Law: Specification of jurisdiction and applicable laws

9. Notices: How formal communications between parties should be made

10. Signature Page: Execution block for all parties to sign

What sections are optional to include in a Personal Loan Note Agreement?

1. Collateral: Description of any assets securing the loan - include when loan is secured

2. Prepayment Terms: Conditions for early repayment - include when early repayment is allowed

3. Guarantor Provisions: Terms relating to any guarantee of the loan - include when there is a guarantor

4. Insurance Requirements: Requirements for insurance on collateral - include for secured loans

5. Late Payment Provisions: Specific terms regarding late payments and associated fees

What schedules should be included in a Personal Loan Note Agreement?

1. Schedule A - Payment Schedule: Detailed breakdown of payment dates and amounts

2. Schedule B - Collateral Schedule: Detailed description of any secured assets (for secured loans only)

3. Appendix A - Truth in Lending Disclosure: Federally required disclosure of loan terms and costs

4. Appendix B - State-Specific Disclosures: Any additional disclosures required by state law

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 requiring clear disclosure of lending terms and costs to protect consumers in credit transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Federal Trade Commission Act: Federal law prohibiting unfair or deceptive practices in lending and commerce

Dodd-Frank Act: Comprehensive financial reform legislation that created the CFPB and established new consumer protections in lending

State Usury Laws: State-specific laws that set maximum legal interest rates and regulate loan terms

State Consumer Protection Laws: State-specific regulations protecting consumers from unfair lending practices and establishing additional disclosure requirements

Uniform Commercial Code Article 3: Laws governing negotiable instruments, including promissory notes and their transferability

Statute of Frauds: Legal requirement that certain contracts, including loan agreements, must be in writing to be enforceable

CFPB Regulations: Federal regulations implementing consumer financial protection laws and establishing standards for consumer lending

State Banking Regulations: State-specific rules governing lending institutions and loan documentation requirements

Federal Reserve Regulations: Federal banking 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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