Promissory Note Secured By Real Property for the United Kingdom

Promissory Note Secured By Real Property Template for England and Wales

A Promissory Note Secured By Real Property is a legal document under English and Welsh law that combines a promise to pay a specific sum with security over real property. It creates a binding obligation for the borrower to repay a stated amount according to specific terms, while providing the lender with security interest in real property as collateral. The document must comply with both the requirements for promissory notes under the Bills of Exchange Act 1882 and property security requirements under the Law of Property Act 1925.

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What is a Promissory Note Secured By Real Property?

A Promissory Note Secured By Real Property is commonly used in England and Wales when a lender requires both a formal promise of repayment and security over real property. This document is particularly useful in private lending arrangements, property development financing, and situations where traditional mortgage products may not be suitable. The document combines the straightforward nature of a promissory note with the security of a real property charge, providing the lender with both a clear payment obligation and a security interest in the property. It must comply with relevant property and financial services legislation, including registration requirements at the Land Registry.

What sections should be included in a Promissory Note Secured By Real Property?

1. Date and Parties: Identification of lender and borrower with full legal names and addresses

2. Promise to Pay: Clear statement of the principal amount, interest rate, and payment terms

3. Security Details: Description of the property securing the note, including legal description

4. Payment Terms: Schedule of payments, including due dates and amounts

5. Default Provisions: Consequences of default and remedies available to the lender

6. Signatures: Execution block with witness requirements

What sections are optional to include in a Promissory Note Secured By Real Property?

1. Prepayment Provisions: Terms for early repayment, used when early repayment is permitted

2. Late Payment Charges: Additional fees for late payments, included when parties agree to late payment penalties

3. Assignment Clause: Terms for transferring the note to another party, included when the note may be sold or transferred

What schedules should be included in a Promissory Note Secured By Real Property?

1. Property Description Schedule: Detailed legal description of the securing property

2. Payment Schedule: Detailed amortization table showing payment breakdown

3. Property Title Documents: Copies of relevant title documents

4. Property Valuation: Professional valuation of the securing property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Industries

Law of Property Act 1925: Primary legislation governing real property transactions in England and Wales, including requirements for creating legal charges over property and rules regarding mortgages and security interests

Land Registration Act 2002: Regulates the registration of charges, priority of security interests, and notice requirements for property transactions in England and Wales

Consumer Credit Act 1974: Governs consumer credit agreements, including required disclosures and cooling-off periods when the borrower is an individual rather than a business

Financial Services and Markets Act 2000: Establishes regulatory framework for financial services, including requirements for regulated mortgage contracts and lender obligations

Bills of Exchange Act 1882: Sets out basic requirements for promissory notes, including negotiability provisions and the rights and obligations of parties

Unfair Contract Terms Act 1977: Provides restrictions on unfair terms in contracts and establishes reasonableness requirements for contractual provisions

Consumer Rights Act 2015: Establishes consumer protection measures including fairness requirements and transparency obligations for consumer borrowers

Money Laundering Regulations 2017: Sets out due diligence requirements and record-keeping obligations for financial transactions to prevent money laundering

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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