Uploaded by: Marilyn Vargas at March 12 2018 01:43:23.
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.
This document should be read carefully by the parties and the guarantors, where applicable. Every party should then sign and return a physical copy of the loan agreement. Individuals should ensure that their signature of the document is witnessed by another adult person - over the age of 18.
If the Lender is in the business of providing loans, the provision of the National Credit Code under the National Consumer Credit Protection Act 2009 (Cth) may apply. Lenders should review whether the provisions of that Act apply to their lending activities and ensure that they are in compliance with the rules that apply to Australian credit licence holders by tailoring this agreement accordingly.
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.
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