Posted by: Betty Cosper at January 29 2018 00:36:37.
A loan contract template is a tool that can help you draft a legal loan document. The drafting of this document is a careful task. It must include information important to the loan and its repayment. The language must be easy to understand, clear, and concise. When the document is complete, it needs to leave no question about loan terms and repayment. The free loan agreement template has many uses. A personal loan agreement template is a document friends or acquaintances use.
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.
The borrower should read the entire agreement. The borrower is responsible for understanding what is read. If the document is confusing, the borrower must question the document and get clarity before signing. When the borrower signs the document the individual is stating the document is clear, understood, and correct. The borrower and lender should have identification so the notary public can perform the official screening necessary at the loan signing.
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.