Writing a Loan Agreement Letter between Friends
The loan agreement should clearly describe how the money will be repaid and what will happen if the borrower is unable to repay. If you need to borrow money from a friend, it`s best to put your friendship aside and simply consider it a business agreement between friends and draft an official money loan agreement with all the details surrounding the transaction. A loan will not be legally binding without the signatures of the borrower and the lender. For additional protection for both parties, it is strongly recommended to have two witnesses signed and to be present at the time of signing. I, the name of the beneficiary (“beneficiary”), borrowed $1,000 from the name of the principal (“principal”) on the date of the loan. By signing this Agreement, the Recipient and the Principal acknowledge that the Recipient will reimburse the Principal with the following payment plan. Lend money to family and friends – When it comes to loans, most refer to loans to banks, credit unions, mortgages, and financial aid, but people hardly consider getting a loan agreement for friends and family because that`s exactly what they are – friends and family. Why would I need a loan agreement for the people I trust the most? A loan agreement isn`t a sign that you don`t trust someone, it`s just a document you should always have in writing when you borrow money, just like if you have your driver`s license with you when you drive a car. The people who prevent you from wanting a written loan are the same people you should care about the most – always have a loan agreement when you lend money.
Borrowing money can sometimes be the culprit of a friendship that disintegrates between two friends. So if you`re borrowing from a friend or lending them money, think about your relationship first. Money always comes and goes, but once a friendship is destroyed, it sometimes disappears forever. Default – If the borrower defaults due to non-payment, the interest rate will continue to accumulate on the loan balance until the loan is paid in full, in accordance with the agreement set by the lender. ☐ The loan is secured by a guarantee. The borrower agrees that until the loan is paid in full with interest, the loan will be granted by __ This is recommended if the total amount, principal plus interest, is greater than the maximum rate acceptable to the Small Claims Court in the jurisdiction of the parties (usually $5,000 or $10,000). A simple loan agreement describes how much has been borrowed, as well as whether interest is due and what should happen if the money is not repaid. A person or organization that practices predatory loans by charging high interest rates (known as a “loan shark”). Each state has its own interest rate limits (called “usurious interest”) and loan sharks illegally charge more than the maximum allowable rate, although not all loan sharks practice illegally, but fraudulently charge the highest legally legal interest rate. Formulate the terms of repayment of the loan in detail.
If your friend repays the loan in lump sums after a financial event has occurred, such as. B as a tax refund or dispute resolution procedure, be sure to provide details about the triggering event that triggers the loan as due. When your friend makes payments, provide a detailed description of the payment schedule, including the start date of payments, the amount of payment due on each payment day, and the date of final payment. A Parent Plus loan, also known as a “Direct PLUS loan,” is a federal student loan obtained from the parents of a child who needs financial assistance for their studies. The parent must have a healthy credit score to receive this loan. It offers a fixed interest rate and flexible loan terms, however, this type of loan has a higher interest rate than a direct loan. Parents would usually only receive this loan to minimize the amount of their child`s student debt. Secured loan – For people with lower credit scores, usually less than 700. The term “secured” means that the borrower must deposit collateral such as a house or car in case the loan is not repaid.
Therefore, the lender is guaranteed to receive an asset from the borrower in case it is repaid. Simply put, consolidating means taking out a substantial loan to repay many other loans by having to make only one payment per month. This is a good idea if you can find a low interest rate and want simplicity in your life. On the other hand, if payments are made for the repayment of the loan, add a detailed description of the repayment plan, including the start date and final payment date, as well as the amount of each payment. Never lend money to a friend if you suspect that this person will never repay you. If you want to stay friends and help, you should give the money instead of borrowing it, provided you can afford it. If a loan to a friend is not paid, it can be the tacit problem that ends up making it too uncomfortable to remain friends. In general, a loan agreement is more formal and less flexible than a promissory note or IOU. This agreement is typically used for more complex payment arrangements and often offers the lender greater protection, such as borrower insurance and collateral, as well as borrower restrictive covenants. In addition, a lender can generally expedite the loan when an event of default occurs, that is, if the borrower defaults a payment or goes bankrupt, the lender can make the full amount of the loan, plus interest due and payable, payable immediately. For example, an employee of your local bank is a great choice to use as a third-party witness because they have no legitimate interest in how the loan is received or in the loan itself. There is also the possibility of having it notarized by an official notary.
In the case of personal loans, it may be even more important to use a loan agreement. To the IRS, money exchanged between family members may look like gifts or loans for tax purposes. Collateral – A valuable item, such as a home, is used as insurance to protect the lender in case the borrower is unable to repay the loan. Borrower – The person or business that receives money from the lender, who must then repay the money under the terms of the loan agreement. I, Sarah Brown, accept a late fee of $5 per day for all late payments until the full loan is paid in full on March 25, 2021. A lender can use a loan agreement in court to enforce the repayment if the borrower fails to meet the end of their contract. Repayment Plan – A breakdown that lists the principal and interest of the loan, the loan payments, the date the payments are due, and the duration of the loan. The first paragraph should clearly indicate the name of the lender and borrower, as well as the amount of money borrowed and the date the loan was originally granted. For example, Darci Barton Sandy Smith lent the amount of $2,500 on March 1, 2020.
Before writing the agreement, talk to your friend and ask how they will repay the amount you lend. This will be useful in the elaboration of the terms of the contract. Start the letter by mentioning the amount borrowed. Since you borrow money from your own personal account, you must use “me” and the borrower`s name. Avoid using your friend`s nickname. Check their Social Security number or driver`s license for their correct and complete name. You must also include your name in the letters at the beginning after “I”. Depending on the creditworthiness, the lender may ask if collateral is required to approve the loan. Describe in detail the terms of repayment of the loan.
Often, these types of loans are repaid immediately after the borrower has received a large lump sum as a result of a financial event. B such as a dispute resolution procedure or a tax refund. Both parties agree on the terms and conditions surrounding the said loan. The letter must clearly state “loan agreement” so that it can have legal significance. The use of this formal term would also make the agreement serious. The borrower will also understand the seriousness of the agreement and will endeavor to comply with it. Finally, ask your friend to sign the agreement and give them a copy. The signature must be certified before a notary.
You can also design the agreement by providing your full name and home address, as in this example. Relying solely on a verbal promise is often a recipe for a person to get the tip of the stick. If the repayment terms are complicated, both parties can clearly specify in a written agreement the terms of payment in instalments and the exact amount of interest due. If a party does not fulfill its part of the agreement, this written agreement has the added benefit of remembering both parties` understanding of the consequences involved. Interest charged on a loan is regulated by the state in which it originates and is subject to the state`s uwuhurogen interest laws. The usurious interest rate of each state varies, so it is important to know the interest rate before charging the borrower an interest rate. In this example, our loan comes from New York State, which has a maximum usurious interest rate of 16%, which we will use. In the event that the borrower defaults on the loan, the borrower is responsible for all fees, including attorneys` fees. .