Promissory Note.doc

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Promissory Note: A promissory note is a written promise to pay a debt. An unconditional promise to pay on demand or at a fixed or determined future time a particular sum of money to or to the order of a specified person or to the bearer. Cognovit Note: A cognovit note is a note in which the maker acknowledges the debt and authorizes the entry of judgment against him or her without notice or a hearing : a note containing a confession of judgment. This type of note is not valid in many States. Collateral Note: A collateral note is a note secured by collateral. Same as secured note. Demand Note: A demand note is a note payable on demand from the person who is owed the money. Floating Note: A floating rate note (or adjustable rate note) is a note where interest varies. Recourse Note: A recourse note is a note where the default may result in loss of collateral and also personal suit and judgment. Most notes are recourse notes. Renewal Note: A renewal note is a note that renews a previous note due date. Unsecured Note: An unsecured note is a note that is not secured by any collateral but only the promise to pay. Does a promissory note have to be recorded? Generally, a promissory note does not have to be recorded. Who must sign a promissory note? All borrowers must sign. The lender is generally not required to sign but may sign. A negotiable instrument is a check, promissory note, bill of exchange, security or any document representing money payable which can be transferred to another by handing it over (delivery) and/or endorsing it (signing one's name on the back either with no instructions or directing it to another). A negotiable instrument is a contract and subject to the rules governing contract law. However, a negotiable instrument may be distinguished from an ordinary contract by

Transcript of Promissory Note.doc

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Promissory Note:  A promissory note is a  written promise to pay a debt.  An unconditional promise to pay on demand or at a fixed or determined future time a particular sum of money to or to the order of a specified person or to the bearer.

Cognovit Note: A cognovit note is a note in which the maker acknowledges the debt and authorizes the entry of judgment against him or her without notice or a hearing : a note containing a confession of judgment.  This type of note is not valid in many States.

Collateral Note: A collateral note is a note secured by collateral.  Same as secured note.

Demand Note: A demand note is a note payable on demand from the person who is owed the money.

Floating Note: A floating rate note (or adjustable rate note) is a note where interest varies.

Recourse Note: A recourse note is a note where the default may result in loss of collateral and also personal suit and judgment. Most notes are recourse notes. 

Renewal Note: A renewal note is a note that renews a previous note due date.

Unsecured Note:  An unsecured note is a note that is not secured by any collateral but only the promise to pay.

Does a promissory note have to be recorded?  Generally, a promissory note does not have to be recorded.

Who must sign a promissory note?  All borrowers must sign.  The lender is generally not required to sign but may sign. 

A negotiable instrument is a check, promissory note, bill of exchange, security or any document representing money payable which can be transferred to another by handing it over (delivery) and/or endorsing it (signing one's name on the back either with no instructions or directing it to another). A negotiable instrument is a contract and subject to the rules governing contract law. However, a negotiable instrument may be distinguished from an ordinary contract by the fact that a negotiable instrument may be written in a way that makes it transferable. This quality of negotiation generally allows the instrument to be used as a substitute for money by holders in due course, despite the defensive claims between the original parties who drafted the negotiable instrument. In order to be negotiable, the bill or note must be payable to order, or to bearer. Some promissory notes contain a clause making them non-negotiable.