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An installment note is a form of promissory note calling for payment of both principal and interest in specified amounts, or specified minimum amounts, at specific time intervals. This periodic reduction of principal amortizes the loan.
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.
In the unlikely event a borrower defaults on a promissory note, it is the lenders responsibility to execute the collection action necessary to claim the item(s) used as collateral. These actions may include: Foreclosure (for real estate investments) Repossession.
Promissory notes can also be used in the instant of paying for something in installments rather than all at once. Though this is similar to an installment loan, this payment promise is toward a purchase you promise to complete in increments, rather than a borrowed sum of money.
What Happens When a Promissory Note Is Not Paid? Promissory notes are legally binding documents. Someone who fails to repay a loan detailed in a promissory note can lose an asset that secures the loan, such as a home, or face other actions.
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Collecting on an unsecured promissory note through the courts is a two-step process. First, you need to go through the court process to obtain a judgment against the borrower. Then you need to try to attach the borrowers wages, bank accounts, or other assets in order actually get paid.
All parties must print their names on the document. A promissory note is not required to be witnessed or docHubd in Colorado. Still, you may decide to have the document certified by a notary public. Doing so can offer protection in the event of a lawsuit.
A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.
Unsecured Promissory Notes An unsecured promissory note is an obligation for payment without any property securing the payment. If the payor fails to pay, the payee must file a lawsuit and hope that the payor has sufficient assets that can be seized to satisfy the loan.
If the borrower defaults on an unsecured loan, the lender must go to court to recover its money. By contrast, with a secured promissory note, the lender takes a secured interest in the borrowers property. If the borrower defaults on the loan, the lender can seize that property almost immediately.

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