Uploaded by: Marilyn Vargas at March 10 2018 15:38:43.
Loans are a common part of day to day finance in our society. Some are large loans provided by banks for home buying or education, others are for the purchase of automobiles . But, the most frequently used type of loan is much smaller in size.
There are a number of issues that need to be addressed in order for a lender to enforce its security, such as: The loan agreement must contain a right of enforcement (including detailed provisions regarding when and how a lender can enforce its security). Ideally the enforcement provisions should be tailored to reflect the nature of the secured asset. Then the lender must formally demand repayment. There must be some agreement as to how the lender takes possession of the secured assets (or in some cases, ownership must pass in order for the security to be valid – for example, in the case of a legal mortgage of shares). The loan agreement must contain a power of sale in relation to the secured assets. The security may be invalid unless registered at Companies House and in the borrower’s company registers. If an individual or partnership provides security over chattels, the requirements of the rather arcane Bills of Sale Act (1878) must be complied with. In view of the complexity of taking security, you are advised to take legal advice to ensure that the proposed security is enforceable in the event of default in repayment.
Secured Loans – If the borrower is considered a high-risk then the lender may want to request an asset that will be in the lender’s possession if the debt is not paid. This type of loan is most commonly used in pawn shops.
Where the Lender has requested that the borrower provide guarantors, those guarantors should also carefully read the entire Loan Agreement and their guarantee obligations, and sign where indicated.
agreement between two people
loan agreement template
agreement between two parties