Recourse Loan Agreement for the United States

Recourse Loan Agreement Template for United States

A Recourse Loan Agreement is a legally binding contract under U.S. law that establishes the terms and conditions under which a lender provides funds to a borrower, with the distinctive feature that the lender has the right to pursue the borrower's personal assets beyond the collateral if the borrower defaults. This agreement details the loan amount, interest rates, repayment terms, and the lender's rights to seek additional assets for repayment, governed by federal and state lending laws.

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What is a Recourse Loan Agreement?

The Recourse Loan Agreement is essential when parties seek to establish a lending relationship with comprehensive protection for the lender. It's commonly used in situations where the lender requires additional security beyond specific collateral, particularly in commercial lending scenarios. The agreement, governed by U.S. federal and state laws, includes detailed provisions about loan terms, repayment schedules, events of default, and remedies available to the lender, including the right to pursue the borrower's other assets. This type of agreement is particularly relevant in high-value transactions or when the lender needs maximum security for the loan.

What sections should be included in a Recourse Loan Agreement?

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

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

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Terms: Specifies the principal amount, interest rate, and repayment terms

5. Repayment Provisions: Details the payment schedule, method, and conditions

6. Representations and Warranties: Statements of fact by the borrower about their financial condition and ability to repay

7. Events of Default: Specifies circumstances that constitute default and consequences

8. Remedies: Details lender's rights and actions in case of default

What sections are optional to include in a Recourse Loan Agreement?

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

2. Insurance Requirements: Specifies required insurance coverage - used when insurance is required to protect the loan or collateral

3. Guaranty Provisions: Terms of any third-party guarantees - used when there are personal or corporate guarantors

4. Prepayment Provisions: Terms for early repayment - used when early repayment is allowed or restricted

What schedules should be included in a Recourse Loan Agreement?

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

2. Collateral Schedule: Detailed description of any assets securing the loan

3. Financial Covenants Schedule: Specific financial ratios or requirements the borrower must maintain

4. Form of Note: Template of the promissory note if separate from main agreement

5. Form of Security Agreement: Template of security agreement if applicable

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

Financing Agreement

Cost

Free to use
Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Equal Credit Opportunity Act (ECOA): Federal law that prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or whether applicant receives 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 lending practices and consumer protection in financial transactions

Federal Reserve Regulation Z: Implements the Truth in Lending Act and establishes rules for consumer lending disclosures

State Usury Laws: State-specific laws that set maximum interest rates and regulate other loan charges

UCC Article 3: Uniform Commercial Code article governing negotiable instruments and their handling in commercial transactions

UCC Article 9: Uniform Commercial Code article governing secured transactions and the rights of creditors in secured lending

Securities Exchange Act: Federal law that may apply if the loan agreement could be classified as a security

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

CFPB Regulations: Consumer Financial Protection Bureau regulations governing consumer lending practices and protection

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

State Documentation Requirements: State-specific requirements for loan documentation, including recording, filing, and notarization requirements

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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