Lender Promissory Note for the United States

Lender Promissory Note Template for United States

A Lender Promissory Note is a legally binding document used in the United States that documents a borrower's promise to repay a specific sum of money to a lender under defined terms. The document includes details about the principal amount, interest rate, payment schedule, and consequences of default. It must comply with federal and state-specific lending laws, including usury regulations and truth-in-lending requirements.

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What is a Lender Promissory Note?

The Lender Promissory Note serves as a fundamental instrument in U.S. lending transactions, providing legal protection for both lender and borrower. This document is essential when formalizing loan arrangements, whether for personal, business, or real estate purposes. It outlines the loan's key terms, including repayment schedule, interest calculations, and default provisions. The note must comply with both federal regulations and state-specific requirements, particularly regarding interest rate caps and disclosure obligations. A properly executed Lender Promissory Note creates an enforceable debt obligation and can be used as evidence in legal proceedings if necessary.

What sections should be included in a Lender Promissory Note?

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

2. Background: Brief context of the loan arrangement

3. Definitions: Key terms used throughout the document

4. Promise to Pay: Core obligation stating principal amount, interest rate, and payment terms

5. Payment Terms: Detailed payment schedule, method, and timing of payments

6. Interest: Interest rate, calculation method, and compound periods

7. Events of Default: Circumstances constituting default and consequences

8. Governing Law: Jurisdiction governing the note

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

1. Security: Details of any collateral securing the loan - used when the note is secured by assets

2. Prepayment: Terms for early repayment - used when early repayment is allowed or has penalties

3. Late Charges: Penalties for late payments - used when late payment penalties apply

4. Acceleration: Circumstances allowing immediate full repayment demand - used when lender wants right to demand full payment

What schedules should be included in a Lender Promissory Note?

1. Payment Schedule: Detailed amortization table showing payment dates and amounts

2. Security Description: Detailed description of any collateral - for secured notes only

3. Interest Calculation Examples: Examples showing how interest is calculated - for complex interest calculations

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 lenders to provide standardized disclosures about loan terms and costs, ensuring transparency in consumer credit transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or source of income

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

Dodd-Frank Act: Comprehensive financial reform legislation that established the CFPB and implemented various consumer protection measures in lending

Federal Reserve Regulation Z: Implementation regulation for TILA, providing specific requirements for disclosures and practices in consumer credit transactions

State Usury Laws: State-specific laws that set maximum interest rates and regulate other loan charges that lenders can legally charge borrowers

UCC Article 3: Uniform Commercial Code article governing negotiable instruments, including promissory notes, their creation, transfer, and enforcement

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

Statute of Frauds: Legal requirement that certain contracts, including promissory notes, must be in writing and signed to be enforceable

State Recording Requirements: State-specific rules for recording and filing requirements, particularly relevant if the note is secured by real property

Bankruptcy Laws: Federal and state laws affecting the treatment of promissory notes in bankruptcy proceedings and creditor rights

IRS Regulations: Tax regulations governing the treatment of interest income, original issue discount, and other tax implications of promissory notes

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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