Lawyer for Loans: What You Need to Know Before Taking A Loan
While taking a loan, there are many legal complications that both parties have to go through, especially the lender. If there is a risky borrower, it is important to have a tightly bound contract where the lender can get an assurance to get their money back by means. There are many aspects to consider, such as the loan amount, borrower's assets, tenure, and interest rate.
What is a Loan?
Let us first understand the concept of a loan in a simpler term. A loan is an amount borrowed by a person from somewhere. It can be borrowed from another person, a community, or a bank.
The amount that has been borrowed has to be returned to the source within a stipulated time, with a fixed interest amount. The interest amount is the additional sum the borrower has to give to keep the money for that time. There is no set value or percentage of interest charge. It entirely depends on the lender, the relationship between the lender and the borrower, the amount, and the interest period.
Before lending money, the lender has to be sure that the borrower shall return the money in the mentioned time frame along with the interest charge. For surety, they check the borrower's finances, such as properties owned, mortgages, assets, liabilities, monthly source of income, etc.
Once the groundwork has been laid, and both parties agree to exchange the capital amount, a contract is signed between them. The contract is a legally binding document that discusses all the terms and conditions laid out mutually agreed upon by both parties. The contract is then signed, followed by the exchange of money.
Types of Loans
Loans can be demanded for various purposes such as education, property, vehicle purchase, etc. There are various types of loans that are commonly seen in the market. Each loan type has a cap on the maximum loan amount. It is also different regarding eligibility criteria, interest rate, and tenure. Here are some common loans:
A home loan is a type of loan demanded by the borrower to purchase a home. In most cases, the bank can grant some percentage of the loan amount for the borrower to buy the property. There are around 7 million US citizens with active home loans.
Vehicle loans are provided to individuals who are interested in purchasing a vehicle. In most situations, the interest of first-hand vehicle loans is less than that of second-hand cars.
Education loans are commonly used by people who wish to study for a Master's but cannot fund themselves. In this case, they acquire an educational loan from the bank or a community. About 32.7 million students opt for an education loan.
What is a Loan Contract and its Types?
A loan contract is a legally binding document signed between the two parties, the lender and the borrower, in front of witnesses. The borrower is also supposed to present people who shall take guarantee that the borrower shall repay the loan amount.
A loan contract is a written agreement that clearly states the terms of the exchange. It also clearly mentions what would happen if the borrower cannot repay the loan amount. Loan contracts are mainly of two types -
- Secured loan contract: In this type of loan, the lender asks the borrower for collateral. Collateral is anything the borrower owns with a value more than or equal to the loan amount, such as a car, gold, or property. If the borrower cannot pay the loan amount in the mentioned period, the lender gains legal rights over the collateral and can use it to regain the amount lent.
- Unsecured loan contract: There is no collateral involved in this loan contract.
Details that Must be a Part of the Loan Agreement
Many details about the type of loan are included within a loan contract. Here are some more important details that must be included.
Technique for Payment
The payment method specifies the borrower's intended payment to the lender. The time of payment, for example by the 5th of every month, has to be mentioned. In most cases, the lender also asks for two post-dated cheques.
Schedule for Loan Repayment
There are two different timetables for repaying loans:
- Demand: With no collateral, demand loans are often utilized for brief, small-dollar borrowing. Typically, just parties with existing relationships, like friends and family, would employ this form of payment plan.
- Fixed: A fixed loan has a maturity date by which it must be entirely repaid and a repayment schedule that is specified in the loan agreement.
Missed or Delayed Payments
The majority of loan agreements specify what will happen if the borrower doesn't make the agreed-upon payments. When a borrower makes a late payment on a loan, the financing is breached or deemed to be in default, and they may be held accountable for any damages the lender experienced as a result.
Borrower and lender information
The loan agreement must contain important information regarding the borrower and lender. It includes their full name, contact details, police verification, etc. Details regarding their guarantee are also added.
Who is a Loan Lawyer?
These attorneys deal with transaction documentation, organize records, develop and put into place procedures, respond to inquiries, stay current with rules, guarantee adherence, and deal with conflicts.
What Is The Need For A Loan Lawyer?
To cope with the intricate and extensive rules connected to finance, you must first hire banking attorneys. Who else will remain current with rules and legislation that are constantly changing? Lawyers enter the picture to identify and resolve transactional weaknesses and potential legal conflicts.
They must guarantee that the various groups have a sufficient understanding of and develop the action plan.
Drafting and Negotiating Contracts
A crucial skill for a finance lawyer is contractual drafting. They might be required to create a standardized, non-negotiable loan agreement with an individual. He or she can be required to design a provider contract or a lending arrangement for corporate customers, where the terms are hotly negotiated.
Keeping updated with new laws
The principles of indemnification, collateral, deed of trust, promissory note, etc., should be apparent. They must possess strong legal judgment. To choose the optimal course of action, they must be able to assess and determine the consequences.
There are some details that are included in a loan contract. It is important to know about these key terms.
- Credit Amount - The monetary amount that the borrower would receive is referred to as the loan amount.
- Interest Rate - Lenders employ interest to make up for the risk involved in making a loan to a borrower. Typically, interest is calculated as a proportion of the principal, the initial loan amount, and is then charged to the amount borrowed.
- Amortization Plan - An amortization plan, which establishes monthly installments, typically determines the duration of a loan arrangement. The amortization schedule operates by splitting the amount owed by the number of payments required to pay off the loan. Interest is then applied to each subsequent monthly installment.
Lawyers equip you with the right tools for risk mitigation, getting the best possible agreement, and market research. By informing the receiver of the legal implications of having entered into the proposed transaction, outlining possible liability, and offering verification that a group is competent to enter into and undertake its commitments under the transaction records, a legal analysis can be valuable in safeguarding the recipient. All these intricacies make having a lawyer worth the monetary cost.