By Ansel Beaudoin at October 04 2018 00:01:05
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."
Private student Loans is another alternative that comes into force rescuing students who have a bad credit history. I have heard of many cases where students apply for loans as a supplement with their Stafford or Perkins loans. In other cases, I have seen people applying for student loans with private organizations when their Stafford loan amount comes to an end.
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.
"Insurance" organizations, who collect premiums for providing either life or property/casualty coverage, created their own types of loan agreements. "Banks" and "Insurance" organizations loan agreements and documentation standards evolved from their individual cultures and were governed by policies that somehow addressed each organizations liabilities (In the case of "banks," the liquidity needs of their depositors; in the case of insurance organizations, the liquidity needs associated with their expected "claims" payments).
Along with the fundamental requirements in the loan agreement, both local and national laws of government applicable in the loan must similarly be included. Likewise, there are loan types that require bank regulations so this should be included in the agreement as well. You will find that there are a lot of other provisions for different types of loans. It is imperative that you know about them and get them included in the agreement. If you are not familiar with the provisions for each different loan.