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Purchase Money Promissory Note for the United States

Purchase Money Promissory Note Template for United States

A Purchase Money Promissory Note is a legally binding document used in the United States that evidences a debt obligation specifically created to finance the purchase of a property or asset. It details the terms under which a borrower promises to repay the lender, including the principal amount, interest rate, payment schedule, and consequences of default. This document is particularly common in real estate transactions where seller financing is involved.

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What is a Purchase Money Promissory Note?

A Purchase Money Promissory Note is essential when a seller provides direct financing to a buyer for the purchase of property or assets. This document, governed by U.S. federal and state laws, creates a legally enforceable obligation detailing the borrowed amount, interest rate, payment terms, and security interests. It's commonly used in real estate transactions, equipment sales, and other significant purchases where traditional bank financing isn't utilized. The note provides protection for both the seller-lender and the buyer-borrower by clearly documenting the terms of the financial arrangement.

What sections should be included in a Purchase Money Promissory Note?

1. Principal Amount and Promise to Pay: Specifies the loan amount and includes an unconditional promise by the borrower to repay the stated principal amount

2. Interest Rate: Details the interest rate, calculation method, and compliance with applicable usury laws

3. Payment Terms: Outlines the payment schedule, including frequency, amounts, and acceptable payment methods

4. Maturity Date: States the date when the note becomes due in full

5. Default Provisions: Defines what constitutes a default and the consequences of default

6. Governing Law: Specifies which state's laws govern the interpretation and enforcement of the note

7. Signatures: Space for dated signatures of all parties, with notarization if required

What sections are optional to include in a Purchase Money Promissory Note?

1. Security Interest: Details any collateral securing the note and the lender's rights regarding the security

2. Prepayment Provisions: Specifies terms and conditions for early repayment, including any prepayment penalties

3. Late Payment Penalties: Outlines additional charges or consequences for late payments

4. Assignment and Transfer: Addresses the right to assign or transfer the note to another party

5. Insurance Requirements: Specifies any required insurance on collateral securing the note

What schedules should be included in a Purchase Money Promissory Note?

1. Payment Schedule: Detailed amortization table showing payment dates, amounts, and principal/interest breakdown

2. Property Description: Legal description of any real property or other assets securing the note

3. Truth in Lending Disclosure: Federal disclosure requirements including APR, finance charges, and total payments

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 disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Consumer Credit Protection Act: Federal law that protects consumers in their dealings with lenders and creditors, including requirements for disclosure of credit terms

Dodd-Frank Act: Federal legislation that brought significant changes to financial regulation, including enhanced consumer protection measures in lending

Fair Credit Reporting Act: Federal law governing the collection, dissemination, and use of consumer credit information

Equal Credit Opportunity Act: Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance

State Usury Laws: State-specific laws that set maximum interest rates that can be charged on loans and determine what constitutes usurious practices

UCC Article 3: Uniform Commercial Code Article governing negotiable instruments, including promissory notes, providing rules for their creation, transfer, and enforcement

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

Statute of Limitations: State-specific time limits within which legal action must be taken to enforce the promissory note

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions, including requirements for disclosure of settlement costs

State Recording Requirements: State-specific rules governing how and where promissory notes must be recorded, particularly when secured by real property

State Foreclosure Laws: State-specific regulations governing the process of foreclosure when a promissory note is secured by real property

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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