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A bank can issue a promissory note, but so can an individual or a company or businessanyone who's lending money. A promissory note isn't a contract, but you'll likely have to sign one before you take out a mortgage.

A promissory note should 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 both parties, it becomes a legally binding contract.

Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.

In the unlikely event a borrower defaults on a promissory note, it is the lender's responsibility to execute the collection action necessary to claim the item(s) used as collateral. These actions may include: Foreclosure (for real estate investments) Repossession.

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.

If you're signing a promissory note, make sure it includes these details:Date. The promissory note should include the date it was created at the top of the page.Amount.Loan terms.Interest rate.Collateral.Lender and borrower information.Signatures.Apr 17, 2019

A promissory note is a convenient way of repayment of huge amounts of money taken as loan. By way of a promissory note the mode of repayment of loan gets pre defined. Since, it is in writing and legally binding, both the parties are therefore assured that they are backed by law in case of any future hassles.