canadian-money-advisor.ca logo  
lady on the phone
What is a Loan Agreement?
Official document of the Loan A loan is a financial transaction and the official document that is proof and sets down the terms of the transaction is Loan agreement. This agreement must be signed by both the lender and the borrower. This document is the official proof of transaction if any party decides to violate the agreement. This document usually sets down the rules and the manner in which the repayment will be done by the borrower. The lender is usually but not necessarily a Banking institution. The loan agreement comes into effect once the borrower gets the credit and the asset against which the loan has been taken is identified.

How does it work? The loan agreement is a binding contract on both parties. It sets down the terms of repayment and includes the period for repayment. It varies from one year to even 30 years in some cases. The loan is for a few years for personal or any other type of loans. Home loans whereas can drag on for decades.

The date on which the payments have to be made by the borrower is also mentioned in the document. There may even be penalties for late payment. There is a credit score which signifies the quality of the borrower and his repayment. Late penalties will lead to a lower score resulting in complications when securing future loans. The loan agreement & debt negotiation is very essential to the borrower and he must go through the document entirely.

There may be vital information like the calculation of interest rates. The jurisdiction of the agreement is also mentioned. He must be aware of all the details in loan agreement. Most lenders give a copy of the agreement in text or PDF format. The parties must exchange the copies of their documents after signing to make it binding.

Main issues in the document The loan agreement is a legal document but there is no necessity for a witness. The document will contain the amount of money being borrowed as a loan. This amount must be verified and validated by both parties to prevent any confusion. The Annual Percentage Rate is also mentioned in the loan agreement. The borrower must monitor this rate also as it gives the realistic interest that will be paid. If the repayment is in the form of post dated check then the date should also be mentioned. Account numbers for the transaction should also be correctly mentioned.

Terminating or modifying the agreement The borrower gets the Truth in Lending disclosure which will contain all information for the loan. The borrower gets the right to rescind which is to terminate the agreement. The agreement can be terminated within 3 working days after signing by the borrower. The borrower can also ask for a loan modification agreement or forbearance. Loan modification is for long-term modification if the borrower would not be capable of repaying the loan. Forbearance is for short term relief for borrowers. Loan agreement is very integral document in a loan transaction and parties should take care to avoid any attempt of fraud in the document.



Related Articles
  what is a credit card agreement
  what is a credit bank
  what is a credit loan
  what is credit interest
  what is credit
  what is an annual percentage rate


Category
  credit



Canada British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island Canadian Provinces
HOME | Contact | Disclaimer | About Us | Faqs | Discussion |