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  Chapter 10
  Family Issues
  Community Property
  Authorized Users
  Marriage as a Reckoning
  Secrets are Not a Good Sign
  Divorcing Into Bankruptcy
  Creditors May Not Care
  You Do Have Recourse
  A Better Way to Break Up
  Establish Your Own Credit
  Helping Family Members
  The Promissory Note
  Conclusion
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  Contents

 

Promissory Note

If you’re ready to make the loan to a friend, acquaintance or family member, the formal document needs to be made. A clearly-written promissory note is a contract and should be fully enforceable in any court or arbitration hearing.

And, even more important, a promissory note clearly distinguishes your role as a lender and not a partner, trustee or co-signer.

A well written promissory note should state:

  • the date the loan was made;
  • the name and address of the lender;
  • the name and address of the borrower;
  • the city and state in which the loan was made;
  • the amount of money loaned;
  • the due (or maturity) date when the loan is to be repaid;
  • any conditions under which the loan can be called for repayment before its due date;
  • the schedule of any payments to be made during the term of the loan;
  • the nature of the payments (interest only, interest-plus-principal, balloon);
  • the total amount due, including interest and principal;
  • whether the note is transferrable and under what conditions it can be.

Next: Conclusion

 

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