One 2 One Lending

November 14, 2011

The Importance Of A Loan Promissory Note In Business

Quite often businesses will on occasion take loans so that they can use the cash. These loans may be gotten from a bank or from a financial institution. However, in order to get the money, a party may be asked to issue a loan promissory note so that money might be released. In fact, some firms ask that this be a requirement.

It is a valid agreement that showcases the agreement between the lender and the borrower. And at times can be used to show the time during which a sum was given and the duration of the lending. It is as such an important document that matters to both parties.

Furthermore, the payables may sometimes give the interest rate applied. It can also give the interest that will be accrued by the principal sum. These are details that are given so that a person can be sure that they know the agreement that they had.

Some of the payables can at times outline the steps that can be taken in case a sum is not paid in full. This may include the seizure of assets, or any other remedy. This is simply because loans are sometimes hard to pay up, especially when an economy is not doing as well as one hoped.

The importance of this document is that it can be used whenever a person needs to pay taxes. And it can also be quite useful during record keeping. This in itself is crucial because records are usually proof that an action was taken. So, it can be very useful to both parties.

Thus, a loan promissory note matters a lot in a business today and it should be taken seriously. It can be used in case disputes arise or in case of any disagreements. Furthermore, if any of the two parties feel that a violation has taken place the document can be used to solve it. This is in fact one major reason why most businesses use them in everyday operations.

October 20, 2011

Promissory note on sale of vehicle

Q. My husband sold his truck to his friend with a promissory note stating he would make payments once a week for 15 weeks and that if he defaulted in payments by a month that he would have to bring the truck back to us on his on record. He and the truck are in another state he has not made a single payment and it has been over a month and he is not answering our phone calls what steps can we take to either get payment or get the truck back?

A. If your husband didn’t perfect the security interest in the truck, then that part of his promissory note isn’t going to be enforceable. That means recording a UCC statement, which I’m guessing he didn’t do.

He can very likely still enforce the rest of the note, and if it provides he can sue the “friend” in your state , then that’s where he can sue, although if the “friend’s” job/assets etc. are in another state, it may take hiring a lawyer in that state to execute on any judgment. Maybe sending the “friend” a demand letter will do the trick. Your husband should send the letter citing the enforcebale parts of the note by certified mail, return receipt requested, or by FedEx or by registered email. That way they know you’re serious and you’ll be able to prove their receipt. Warn them that once you sue, the lawsuit becomes a matter of public record, and give them a firm deadline, 2 or 3 days from their receipt of your letter, to pay you or you’ll have to sue them in Small Claims court. If they don’t pay you by your deadline, follow through and sue.

August 29, 2011

My brother wants to borrow $5,000 from me.

My brother wants to borrow $5,000 from me. We are very close and I trust him. However, I think I should get something in writing in case he doesn’t pay me.
You must be very careful when you loan money to any person, including family members. Too many families become estranged over loans and other money issues.
From a practical standpoint, you should first find out why your brother wants to borrow money from you. If it is for something frivolous or extravagant, you may not want to loan your brother the money. However, if he has a legitimate need and the ability to repay you on the terms you set, you may want to help your brother out. This is a personal decision only you can make.
Definitely write up documents that evidence the loan. At the very least, you should have your brother sign a “Promissory Note.” A Promissory Note is a signed promise to repay the loan under specific terms on a given date.
A Promissory Note should state the amount of the loan, the date the loan was made, when the loan is due in full, whether monthly or other periodic installment payments will be made, and the interest rate. If your brother will make installment payments, the Promissory Note should also provide that if he fails to make an installment payment when due, the loan will be considered to be in default. You may also want to include a provision assessing late charges. Further, it is prudent to include a clause stating that your brother will pay your attorneys’ fees and court costs if you have to sue him to collect the money you loaned him. Nancy, there are other important provisions that may need to be included depending on your circumstances. These are just some of the basics.
In addition, you should strongly consider getting “security” for your loan. For example, you could secure the loan by placing a lien on your brother’s home (assuming he has equity in it) or other personal assets. Properly securing a loan is more complex, and requires additional documentation. However, you may avoid having to go to court if you properly secure your loan.
This blog only touches on Promissory Notes and securing a loan. You should obtain legal counsel before making the loan to your brother. If you would like to see more information go to One2One Lending’s website.

August 22, 2011

Can a Collection Agency Collect a Debt Upon Death?

Filed under: Uncategorized — admin @ 8:18 am

Collection agencies can attempt to collect debts after your death. When you die, the assets you leave behind become your estate. Collection agencies can be paid from your estate if there’s enough money to cover the debts. If there’s not enough money, collection agencies can’t collect unless the debt is shared by someone else.

Read more: www.one2onelending.com

August 5, 2011

Mortgage Note

There are two parts to your mortgage: the note and the actual mortgage. The note is the agreement in which the bank lends you money and you promise to pay it back. The mortgage is the agreement in which you pledge your home as collateral in case you do not pay back the note. Because both spouses own the house, the mortgage will have to be signed by both of them.

Read more: http://www.one2onelending.com

July 22, 2011

If you go ahead, put all in writing.

It’s never easy to say no to a customer. But lending a financial hand can leave you out of money and out of sorts with your customers.

According to One2One Lending, a company that helps formalize loans between individuals, about 14% of private loans end up in default, compared with just 1% or so for bank loans.

To protect you financially, make sure you don’t fall for the top four costliest mistakes individuals make when lending money to customers:

• Not being suspicious enough. When someone comes to you for a loan, your first thought should be: Why? That is, why do they need the money, and why are they asking you for help?

You also need to wonder hard why they haven’t been able to get a loan from a more conventional source. Point is: There are plenty of folks in the business of lending money. If your customer can’t get money from someone in the lending business, that’s worth two or three red lights going off in your head.

• Lending what you can’t afford to lose. Never lend money that you truly need. The best litmus test before you say yes is to ask yourself if you would be comfortable giving the money away.

• Skipping the formalities. Handshakes are not good enough for sealing a loan agreement. Put everything in writing. In fact, it’s a good way to size up the credibility of the person who needs your money: They should tell you right off the bat that they want to sign a formal loan document with you that spells out the terms of the deal. Once you have it filled out, all parties should sign it in front of a notary; it’s just a nice bit of formality to have in your pocket in the event anything goes wrong. In the document you want to spell out the specifics: What interest rate you will receive, when the payments are due, how much is due with each payment and what penalty will be paid for a late payment.

June 27, 2011

Debt collection tactics, new and abusive, are in ‘dire need of reform’

When you think of bad actors in the debt collection industry, you might conjure up an image of ruthless collection agents on the telephone shouting obscenities at grandmothers in the middle of the night trying to scare them out of their last cent.
Illegal harassment does exist, but another type of abuse has been gaining more traction in the industry, consumer advocates say. Increasingly, debt collectors are filing lawsuits and winning judgments against people without the records to back up their claims, these experts say. In some cases, consumers are having their wages garnished, bank accounts frozen and liens placed on their homes without even knowing they’ve been sued, and worse yet, for debts they don’t owe.

June 2, 2011

The History Of The Promissory Note

While the concept of the promissory note has more than likely been around since the dawn of hard currency, the promissory note itself dates back to the early 10th century.
The promissory note has changed very little over time. A promissory note is basically a simple type of agreement. Or at least, it should be in most cases. The idea still remains the same, which is: one party makes a written oath to repay a debt to another party for prior monetary value received. A modern day promissory note has several basic legal elements, which includes the parties; the person who owes the debt (called the payee) the lending party (called the maker) which is the sum to be repaid, along with the terms and conditions of repayment.
In addition, there’s the interest rate (if it is applicable) and the maturity date. Today’s more refined promissory note encompasses even more. Most will have a governing law clause or legal provision. Usually most will have an “acceleration clause” whereby the specified repayment terms speed up (in the event where the entire sum becomes due) in a special happening, in most cases when the maker forgoes a payment.

May 24, 2011

Five Tips for Asking Friends and Family for Funding

Sure, securing seed money for your startup is important, but so is preserving the relationships of those closest to you. Here’s how to do both.
Friends and family remain the best shot that many entrepreneurs have to raise outside money to launch a business.
In 2010, 5% of U.S. adults polled said they had provided funding to someone starting a business in the past three years, according to a survey by the Global Entrepreneurship Monitor, a research consortium which includes Babson College. Of those respondents, 32% said the funding went to a friend or neighbor, 26% to a close family member, 11% to some other relative and 8% to a work colleague.
While preserving important personal relationships with people who fund your business can be a daunting prospect, clearly some entrepreneurs have figured it out. If you’re thinking about asking friends and family for seed money, here are five tips for doing it right.

1. Choose a strategy.
Do you want to solicit large chunks of money from a few investors, or small amounts from many?
There’s less pressure associated with small sums. “You’re less likely to ruin a relationship over $25,” says Cornelius McNab, founder of Atlanta-based 40billion.com, which facilitates friends-and-family loans and gifts. Most of the site’s fundraisers target a few dozen people for sums between $100 and $500 apiece.
But typically only 10% to 20% percent people asked will contribute. So if you want to raise, say, $5,000 at $100 per backer, you’ll need to woo 50 people. This means reaching out to 250 to 500 people.
Contacting a smaller, more targeted group for larger sums may require more gumption and planning upfront, it could be easier for the time-strapped.
San Francisco entrepreneur James Lee raised more than $1 million from friends and relatives in 2008 for his venture sale.com. He sat down to casual meetings, often over coffee, with 15 people and persuaded 10.
2. Choose an investment type.
When you accept money from others, strings will be attached, no matter how you structure the transaction.
Consider whether you want to accept and pay back loans, have your friends and family own an equity stake, or offer up a token of thanks — say, some amount of free access to your product or service in exchange for a gift.
If you take on investors, you may have to give up a portion of your company, and perhaps make one or more board members. Even friends and family will want a return, which can mean eventually selling the company, buying back shares or paying dividends.
Loans have to be paid back on schedule, which can have an impact on cash flow and profitability. If you go the microfunding route, you could be juggling 50 of them.
Even gifts aren’t free of strings. If you do accept them, thank the giver profusely in writing and acknowledge that the money is a gift rather than an investment or promissory note, says Denise Beeson, who teaches small-business management at Santa Rosa Junior College in California. “Just think if you gave Bill Gates some start-up funds. Would you want, after the fact, a return on your money? You bet,” she says.
3. Write down your pitch.
Unless your friends and family are professional investors, they probably don’t want to read a 50-page business plan. More likely, they’ll prefer to sit down with you over coffee and hear you explain your idea, as Lee did.
Lee says that because his backers were people who knew him well and “were essentially investing in me,” they didn’t require a business plan.

To avoid being too informal, McNab suggests drawing up a five- to 10-page document that sums up what you want to do, how you’ll do it and what you’ll apply the money toward. Such a summary ensures you’ve made important disclosures, such as the key challenges, risks and competition the business faces, and that your backers understand what their money is going toward.
4. Keep your documents and communications business-like.
When you’re dealing with people you know well, it’s easy to want to keep agreements informal out of concern that official documents might make things feel less friendly. But don’t be too casual.
If you don’t want to involve a lawyer (but if equity is involved, you should), you may want to consider trying websites such One2One Lending.
5. Manage expectations.
Another upside of bringing in friends and family is that they are typically more patient than professional investors. “When we failed at plan A and at plan B, these people weren’t looking for our heads,” Lee says.

April 27, 2011

If the debt collector calls, what do you do?

Collection agencies are regulated provincially, and while the rules vary across boundaries, every jurisdiction has laws about what the agencies can and cannot do. In Ontario, where I am, it’s illegal for them to call a cellphone if that call costs the user money. It is also illegal for a collection agency to continue to phone someone after that person has told the agency that they have the wrong individual, unless the agency has found evidence that they do indeed have the right person.
When collection agencies do have the right individual, the debtor has a few options. One is to seek help from a credit counsellor, who can make a proposal to the creditor with a realistic payment plan. Another is to have a lawyer contact the collection agency.
“But [borrowers] have to understand that people do have the right to call them to collect on their debts,” said Jeffrey Schwartz, executive director of Consolidated Credit Counselling Services of Canada Inc. “Clients can complain all they want, but if they’re in debt and they haven’t been paying their debts, then someone is going to come calling for them.”
Experts say more consumers have been dealing with collection agencies in the wake of the recession, as people struggle with job loss or debts. When the economy became troubled and it looked as though a rising number of consumers would be under water, many financial institutions, phone companies and retailers became less lenient about delinquencies because they feared that many customers would fail to pay their debts all at once, at a time when these companies were also feeling financially pinched because of the crisis.

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