Florida Installment Promissory Note and Security Agreement

State:
Multi-State
Control #:
US-09090
Format:
Word; 
Rich Text
Instant download

Description

This form is an Installment Promissory Note and Security Agreement. The maker is obligated to pay the lender in monthly installments, with interest. The form also provides a description of the collateral to be used in securing the loan.
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FAQ

A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.

Florida Promissory Note RequirementsNames and contact information of all parties to the agreement;A statement of the promise to pay;Amount of the loan;Collateral used to secure the loan, if any;Repayment schedule (amounts, frequency) and interest;Date repayment is due;Penalties and late fees;More items...?

In general, under the federal Securities Acts, promissory notes are defined as securities, but notes with a maturity of 9 months or less are not securities.

General Definition. Promissory notes are defined as securities under the Securities Act. However, notes that have a maturity of nine months or less are not considered securities.

A security interest arising out of a sale of a promissory note (i.e., an instrument) is perfected automatically, without additional action, when it attaches. See Section 9-304(4) of the Uniform Commercial Code.

A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust. If the collateral is personal property, there will be a security agreement.

A Promissory Note may be secured or unsecured. In case of a secured note, the borrower will be required to provide a collateral such as property, goods, services, etc., in the event that they fail to repay the borrowed amount.

A Florida promissory note can be either secured or unsecured. A secured promissory note is one that is backed by collateral (e.g., real estate, a business interest, intellectual property, or some other personal property held by the borrower). An unsecured promissory note has no collateral.

A secured promissory note may include a security agreement as part of its terms. If a security agreement lists a business property as collateral, the lender might file a UCC-1 statement to serve as a lien on the property. A security agreement mitigates the default risk faced by the lender.

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Florida Installment Promissory Note and Security Agreement