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Posted by: Marquita Moore at March 02 2018 10:35:05.
Sale of the loan proviso: A lender might want to include the option of selling the loan to another party. This allows the lender to free themselves from the agreement through the sale, while still recouping some money. The loan buyer then becomes the creditor. The borrower remains the debtor and must repay the new loan holder.
While these may not be things that lenders want to consider when loaning to someone they trust, it is important to protect both parties when lending money. If the person borrowing the money will not be able to pay it back for several months, they might feel more comfortable with the protection of a loan agreement template that states that prior to the exchange of funds. Filling out and signing a free loan agreement template takes very little time and effort, but can prevent many legal and personal problems later on.
In legal cases involving loans without loan agreements, the court has to try to determine who is telling the truth about the terms of a loan, or even if a loan occurred. Even if you are lending to family or a friend you are certain would never cheat you, it is important to complete a free loan agreement template in order to protect your loan and the integrity of your relationship.
The legal issues surrounding the taking of security are complex, and there are various legal forms that can be used, for example, a chattel mortgage (a mortgage over tangible and moveable property, such as plant and machinery or vehicles), fixed and floating charge, pledge, lien and assignment by way of security. Security over shares is different again, and can be achieved by way of a legal mortgage, an equitable mortgage or an equitable charge.
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