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What To Include in A Personal Loan Contract?
What To Include in A Personal Loan Contract?
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likewise of legal age, married , both with residence and postal address
at Brgy. Bagong Kalsada, Naic, Cavite.
WITNESSETH
Names of both borrower and lender, their complete addresses, and their
signatures.
The state where the loan has been made.
The date of the contract.
The total amount of the loan.
The interest rate for the loan.
The repayment schedule, and how repayments will be applied to interest and
principle.
The date by which loan repayment must be completed.
This contract may also require the signature of a guarantor, who acts as a repayment
fallback should the primary borrower default. Enlisting a guarantor, even if not
required by the lender, may improve the borrower’s creditworthiness, and might also
lower the interest rate and ease the lending terms.
Since interest compounds – or gets lumped together with the original loan amount,
or principle – earlier loan payments tend to make less of a dent in the outstanding
principle. As the weeks and months pass, these payments, provided they are all
equal, will chip away at principle at a quickening rate. In any case, the contract
should clearly specify how each installment will be applied to the debt balance. The
standard is for repayments to go first to cover interest, and then to principle.
What happens if the borrower wants to expedite repayment? The contract should
specify whether there will be any penalties imposed on ahead-of-schedule
repayment. Since this is often considered to be in the interest of both borrower and
lender, early repayment is often not penalized.
In the event of default, the lender can enlist the services of a collections agency or
seek redress with a legal claim in court. If this means legal fees or other collection
expenses are incurred in the process, these too may be passed on to the borrower.
The loan contract may also allow for “acceleration,” which requires full repayment of
the remaining balance immediately should the borrower default. If a guarantor is on
the books, then this party may face a steep and immediate debt bill once the lender
has exhausted efforts to collect from the borrower – a potentially ruinous
development for a personal or business relationship.
For the borrower, it is always better to nip repayment issues in the bud before they
spiral out of control. Since debt defaults are so harmful to lenders too, they have an
incentive to try to work things out with the borrower. While borrowers should not bank
of changing lending terms midway through repayment, it may still be possible to
hash out some compromise to get things back on track.