Uploaded by: Lilia Giles at February 14 2018 00:55:08.
With a clear loan agreement, the lender and borrower have rights that remain protected throughout the duration of the loan and repayment terms. The terms of a loan might seem difficult to draft. In the absence of a free loan agreement template this might be true. However, a loan template makes the task of document creation a breeze.
Unsecured Loans – Most standard loans are ‘unsecured’. This means that if the borrower does not pay back the lender then the lender will have to take the borrower to small claims in order to court order for the borrower to pay back the money.
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.
While mentioned in brief earlier, a free loan agreement template is a legal document. It must contain specific information in clear, legal language. In the event the lender or borrow decides to pursue legal action, a simple loan agreement must have correct and clear information. It will make all the difference when you take your dispute before a judge in a court of law. Every personal loan agreement template or alternative loan contract template has “must have” information in the document.
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