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Legally Binding Loan Contract Template

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By Brigitte Eichel at April 02 2018 16:21:52

Loan agreements, like any contract, reflect an "offer," the "acceptance of the offer," "consideration," and can only involve situations that are "legal" (a term loan agreement involving heroin drug sales is not "legal"). Loan agreements are documented via their commitment letters, agreements that reflect the understandings reached between the involved parties, a promissory note, and a collateral agreement (such as a mortgage or a personal guarantee). Loan agreements offered by regulated banks are different from those that are offered by finance companies in that banks receive a "banking charter" granted as a privilege and involving the "public trust."

Defined and addressed in the contract are the issues concerning the agreement. First and foremost, the rights and obligations of both parties must be defined in the written contract. Termination of contract and termination fees should also be included. Commonly, you will find the interest rates and other applicable fees included in the agreement.

The loan agreements originated by commercial banks, savings banks, finance companies, insurance organizations, and investment banks are very different from each other and all feed a different purpose. "Commercial banks" and "Savings banks," because they accept deposits and benefit from FDIC insurance, generate loans that incorporate the concepts of the "public trust." Prior to interstate banking, that "public trust" was easily measured by State bank regulators who could see how local deposits were used to fund the working capital needs of local industry and businesses, and the benefits associated with those organization's employment.

Always obtain loan agreements in writing and read the fine print. One of the biggest mistakes borrowers make is entering into verbal agreements. If things go wrong there is no evidence to prove the case. Debtors should know the number of deferred payments, payment schedule, fees or penalties, and how the lender reports suspended payments to credit bureaus.

Every day, there are tens of thousands of these agreements signed in the United States by families looking to build their first home and by businesses looking for that next great investment. The construction loan agreement is a short term loan agreement. These types of loans are never made for permanent financing of a project, but simply to help progress construction along or to help finance the initial groundbreaking.

If you have high repaying capacity, then it is advisable that you opt for less number of years for repaying the loan as it will reduce the overall burden of the interest. Though you are ready for repaying the loan as quickly as possible, but if you miss to mention this in the loan agreement, it would be tough to alter once the application is processed by the organization that is lending you the money.

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