When Do You Need a Promissory Note in Utah?

When you apply for a commercial loan, the lending institution may want to secure their money by compelling you to sign a promissory note. The document proves that you obtained the loan and will pay as expected.

Besides commercial loans, promissory notes are now applicable in many transactions. They can be handy tools when applying for mortgages, informal lending agreements, student loans and the purchase of valuable items. Whatever the application, the bottom line is that a promissory note is a standalone document securing the transaction.

Read on to understand Utah promissory and when you may need it.

About Utah Promissory Notes

In Utah, a promissory note is a written legal document establishing a lending agreement between a borrower and a creditor. Both parties make clear terms for fulfilling their legal obligations in the contract. Utah promissory notes are legally binding and enforceable in court if appropriately drafted.

There are two forms of valid promissory notes in Utah: Secured and Unsecured.

Utah Secured Promissory Note is vital when the amount transacted is large or the creditor wants a guarantee for a reimbursement. As a result, the contract has provision for a security item such as a car or apartment. The creditor can count on the asset to recover the loan if the borrower doesn't honor the terms.

Utah Unsecured Promissory Note, on the other hand, has no provision for security to recover the loan. The lender bears the greater risk of losing the money since the borrower offers no guaranteed reimbursement.

Maximum Interest Rates for Utah Promissory Notes

Utah has clear guidelines on what lenders may charge as interest for promissory notes. Generally, the maximum interest rates depend on a written payment agreement between parties.

That aside, Chapter 1 of the Utah State Code defines a maximum interest rate of 10% where no written agreement exists.

When Do You Need a Promissory Note?

A promissory note has various applications within the financial sector. It all depends on why you are signing the document in the first place.

Here are a few situations where Utah promissory notes are applicable:

Commercial Loans

If you’re looking for financing to buy a car, boost a start-up, or meet individual needs, you may take a bank loan. As a result, the bank, credit union or another financier may issue a secured promissory note beforehand. The document is a form of security the creditor uses to caution them against any loss.

Real Estate Transactions

Commercial lenders issue a promissory note to potential borrowers who apply for mortgage financing. Mainly, such promissory notes apply when the lender is an individual and not a corporate entity.

So, if you apply for a mortgage, you’ll likely sign a promissory letter with your home as collateral. If you don’t honor the payment agreement, the lender has the right to sell the house and recover the balance.

Student Loans

Utah promissory note is a vital financial instrument if you’re applying for a student loan. The best thing about promissory notes for student lending is that the interest doesn’t accrue until after your graduation. However, you’ll have the legal duty to pay back the loan once you graduate.

Informal Lending

You may sign a promissory note when lending or borrowing money from a friend or relative. Since you share a personal relationship, you may not require collateral in this case. However, you may include a promise to pay the money within a defined period.

Are you looking for a promissory note in Utah? We understand that booking an appointment with an attorney can be lengthy and daunting. So, save yourself valuable time by downloading a general promissory note form from our website.