Consumer Promissory Note for the United States

Consumer Promissory Note Template for United States

A Consumer Promissory Note is a legally binding document used in the United States that formalizes a loan agreement between a lender and a consumer borrower. It details the specific terms of the loan, including the principal amount, interest rate, payment schedule, and consequences of default. The document must comply with federal consumer protection laws and state-specific regulations regarding usury rates and disclosure requirements.

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What is a Consumer Promissory Note?

A Consumer Promissory Note serves as a fundamental document in consumer lending transactions within the United States. This document is essential when an individual borrows money and needs to formalize their promise to repay the debt. The note must comply with various federal and state regulations, including the Truth in Lending Act and state usury laws. It typically includes detailed information about the loan amount, interest rate, payment schedule, default provisions, and the rights and obligations of both parties. Consumer Promissory Notes are particularly important as they provide legal protection for both the lender and borrower while ensuring transparency in consumer lending practices.

What sections should be included in a Consumer Promissory Note?

1. Promise to Pay: Clear statement of the borrower's promise to pay, including principal amount and basic terms

2. Interest Rate: Specification of interest rate, APR, calculation method and relevant TILA disclosures

3. Payment Terms: Schedule of payments, including amount, frequency, and due dates

4. Default Provisions: Definition of default events and consequences of default

5. Representations: Borrower's representations regarding their ability to pay and understanding of the terms

6. Governing Law: Specification of applicable state law and jurisdiction

What sections are optional to include in a Consumer Promissory Note?

1. Security Interest: Details of collateral if the note is secured by any assets

2. Prepayment Provisions: Terms and conditions for early payment of the note, including any prepayment penalties

3. Late Payment Fees: Specification of additional charges for late payments and grace periods

4. Acceleration Clause: Conditions under which the lender may demand immediate full repayment

5. Co-Signer Provisions: Terms and obligations applicable to any co-signers of the note

What schedules should be included in a Consumer Promissory Note?

1. Payment Schedule: Detailed amortization table showing payment dates, amounts, and allocation between principal and interest

2. Security Agreement: Detailed description of any collateral securing the note, including valuation and maintenance requirements

3. TILA Disclosure Statement: Required federal disclosures including APR, finance charges, and total payments

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

United States

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Industries

Truth in Lending Act (TILA): Federal law requiring clear disclosure of lending terms and standardized calculations of credit costs for consumer protection

Consumer Credit Protection Act: Federal law governing various aspects of consumer credit, including credit reporting, debt collection, and credit billing

Fair Credit Reporting Act: Federal law regulating the collection, dissemination, and use of consumer credit information

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Debt Collection Practices Act: Federal law limiting the behavior and actions of debt collectors who are attempting to collect debts on behalf of creditors

Dodd-Frank Act: Comprehensive financial reform legislation that established the CFPB and introduced new consumer protection measures

State Usury Laws: State-specific laws that set maximum interest rates that can be charged on loans

State Consumer Protection Laws: State-specific regulations protecting consumers from unfair or deceptive lending practices

State Contract Laws: State-specific laws governing the formation and enforcement of contracts

CFPB Regulations: Federal regulations issued by the Consumer Financial Protection Bureau governing consumer financial products and services

FTC Regulations: Federal Trade Commission regulations protecting consumers from unfair or deceptive trade practices

UCC Article 3: Uniform Commercial Code article governing negotiable instruments, including promissory notes

UCC Article 9: Uniform Commercial Code article governing secured transactions, applicable if the note is secured by collateral

Teams

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