Private Money Lender Contract for the United States

Private Money Lender Contract Template for United States

A Private Money Lender Contract is a legally binding agreement used in the United States that establishes the terms and conditions between a private lender and borrower for a loan transaction. This document outlines the loan amount, interest rate, repayment schedule, security arrangements (if any), and default provisions while ensuring compliance with federal and state lending laws, including usury regulations and truth-in-lending requirements.

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What is a Private Money Lender Contract?

The Private Money Lender Contract serves as a crucial document in private lending transactions within the United States. It is commonly used when traditional financing options are not suitable or available, such as in real estate investments, business funding, or personal loans. The contract ensures both parties' interests are protected while complying with federal regulations like the Truth in Lending Act and state-specific usury laws. This document includes essential elements such as loan terms, interest rates, payment schedules, default provisions, and any collateral arrangements.

What sections should be included in a Private Money Lender Contract?

1. Parties: Identifies and defines the lender and borrower with full legal names and addresses

2. Background: Explains the context and purpose of the loan agreement

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the principal amount and intended use of funds

5. Interest Rate and Payments: Details the interest rate, calculation method, and payment schedule

6. Term and Repayment: Specifies loan duration and repayment terms

7. Default Provisions: Defines events of default and consequences

8. Representations and Warranties: Statements of fact by both parties

What sections are optional to include in a Private Money Lender Contract?

1. Security/Collateral: Details of assets securing the loan - use when loan is secured by assets

2. Prepayment Terms: Conditions for early repayment - use when early repayment is allowed

3. Insurance Requirements: Required insurance coverage - use when collateral must be insured

4. Guarantor Provisions: Terms relating to loan guarantors - use when loan has guarantors

What schedules should be included in a Private Money Lender Contract?

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

2. Collateral Description: Detailed description of security/collateral

3. Truth in Lending Disclosure: Federal required loan cost disclosures

4. Promissory Note: Formal promise to pay document

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

Loan Agreement

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 to protect consumers and enable comparison shopping for credit

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

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 includes provisions affecting private lending and consumer protection in financial transactions

Regulation Z: Federal Reserve Board regulation implementing TILA, providing specific rules for disclosures in lending transactions

State Usury Laws: State-specific laws that set maximum legal interest rates for loans and specify penalties for exceeding these rates

State Licensing Requirements: State-specific regulations determining whether private lenders need licenses or permits to conduct lending activities

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions, particularly relevant for secured lending and collateral

IRS Regulations: Federal tax requirements regarding the reporting of interest income and documentation requirements for lending transactions

Anti-Predatory Lending Laws: State and federal laws designed to prevent abusive lending practices and protect borrowers from unfair loan terms

Consumer Protection Laws: Various state and federal laws designed to protect consumer rights in financial transactions and ensure fair lending practices

Documentation Requirements: Legal requirements for loan documentation including APR disclosure, payment terms, default provisions, and collateral descriptions

Teams

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