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How to Protect Promissory Note Template

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- Hey there, this is Seth, and in this video, Im going to give you a really quick overview of what a promissory note is and how you can put one together really quickly, if thats something you need to do. A promissory note is a type of lending instrument that has been used for centuries. And essentially what this is is just a simple document that lays out the terms and conditions between a borrower and a lender. And it basically just explains that there is a set amount of money that the borrower owes to the lender, and it usually details any interest payments that are included with that. Promissory notes can be set up in all kinds of different ways. You can set them up with balloon payments, so basically theres interest-only payments for a certain amount of time, and then boom, the entire balance is paid off, or you can set it up with whats called straight line amortization, which is basically just a fixed payment for the life of the loan. There isnt a balloon payment at the end.

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Are all promissory notes secured?

There are two major types of promissory notes, secured and unsecured. Secured promissory notes have collateral behind them to secure the loan. Unsecured notes might have a personal guarantee but no valuable collateral, which carries a higher degree of risk of financial loss.

How do you secure a promissory note with real property?

Generally, a Secured Promissory Note will be secured using an additional document. If the property being used as collateral is personal property, the Note will be secured using a Security Agreement. If the property being used as collateral is real property, the Note will be secured using a Deed of Trust.

Can a promissory note be a security?

Promissory notes are defined as securities under the Securities Act. However, notes that have a maturity of nine months or less are not considered securities.

How do you know if a promissory note is secured?

So, whats the difference between secured and unsecured promissory notes? Its actually quite simple. A secured note is any debt collateralized with real property like a first deed of trust or car title. Conversely, an unsecured note is any debt not secured by collateral (or uncollateralized).

How do I protect my promissory note?

A promissory note can be secured with a pledge of collateral, which is something of value that can be seized if a borrower defaults.

Is a promissory note a secured loan?

Promissory notes can be secured using a financing statement, deed of trust, or a mortgage. If a promissory note includes these terms, then it is a secured promissory note. So, the inclusion of collateral is the only real difference between secured promissory notes and unsecured promissory notes.

Can a promissory note be secured?

A secured promissory note is an obligation to pay that is secured by some type of property. This means that if the payor fails to pay, the payee can seize the designated property to obtain reimbursement of the loan.

How do I make a promissory note legal?

The note must also contain the terms and conditions between the two parties involved. This includes the amount of money or capital loaned, the interest rate and the repayment schedule. Once the parties address the conditions of the promissory note and sign it, it becomes a legally binding contract.

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