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Maine Multistate Promissory Note - Unsecured - Signature Loan
Category:
State:
Multi-State
Control #:
US-00601-B
Format:
Word;
Rich Text
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Description
This form is an unsecured Promissory Note. The form provides that the maker will repay the lender the entire loan, with interest. The lender is also given the discretion of attaching late charges to the monthly payments if the payments are overdue.
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FAQ
Unsecured Promissory NotesAn unsecured promissory note is an obligation for payment without any property securing the payment. If the payor fails to pay, the payee must file a lawsuit and hope that the payor has sufficient assets that can be seized to satisfy the loan.
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.
An unsecured promissory note is a legally binding contract between two parties where one party agrees to pay the other a certain amount of money at a specific time in the future. The reason it is called 'unsecured' is because the borrower does not want to pledge any assets as collateral for the loan.
In order for the promissory note to be valid, the borrower needs to sign it. The lender may require the borrower to sign this document in front of a notary to guarantee the signature.
An unsecured promissory note is an obligation for payment without any property securing the payment. If the payor fails to pay, the payee must file a lawsuit and hope that the payor has sufficient assets that can be seized to satisfy the loan.
In common speech, other terms, such as "loan", "loan agreement", and "loan contract" may be used interchangeably with "promissory note".
Executing the promissory note is what makes it legal. Banks often have the promissory note notarized and signed by a witness or two. While this isn't required, it does create an extra layer of legality when other parties witness the agreement execution.
A promissory note would include information such as the principal amount, interest rate, maturity date, date and place of issuance, and maker's signature. You may have noticed there that I did not list the holder's signature. That is because the holder is not required to sign the note and often doesn't do so.
In order for a promissory note to be valid and legally binding, it needs to include specific information. "A promissory note should include details including the amount loaned, the repayment schedule and whether it is secured or unsecured," says Wheeler.
An unsecured note is not backed by any collateral and thus presents more risk to lenders. Due to the higher risk involved, these notes' interest rates are higher than with secured notes. In contrast, a secured note is a loan backed by the borrower's assets, such as a mortgage or auto loan.