Posted by: Arlene Kuehner at February 11 2018 03:10:39.
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.
When it comes to legal forms and templates, the loan agreement template is valuable. Whether you are the person borrowing money or the lender, a contract is a necessity. The use of a loan agreement is prudent in such instances as it protects the borrower. The pre-defined terms of the loan are clear in the document. The paperwork also gives protection for the lender. That’s because the document serves as evidence of the terms of the loan and what the borrower has agreed to repay.
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.
A person is a notary public if the state has issued them a license to fulfil such a role. The job of the notary is to ensure no fraud occurs during the official signing of the document. Part of the notarial acts the notary fulfils is to prove the lender and borrower are who they say they are before entering into an agreement. It is another measure that helps protect both parties signing the free loan agreement template.