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Joint And Several Promissory Note for the United States

Joint And Several Promissory Note Template for United States

A Joint and Several Promissory Note is a legally binding financial instrument used in the United States that documents a debt obligation where multiple borrowers each agree to be fully responsible for the entire debt amount. This document combines the features of a standard promissory note with joint and several liability provisions, making each co-borrower independently liable for the full amount. It is governed by both federal regulations and state-specific laws regarding negotiable instruments and lending practices.

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Joint And Several Promissory Note

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What is a Joint And Several Promissory Note?

A Joint and Several Promissory Note is commonly used when multiple parties need to secure a loan together, but the lender wants assurance that any single borrower can be held responsible for the entire debt. This document is particularly relevant in business partnerships, family loans, or real estate transactions where multiple borrowers are involved. The note must comply with U.S. federal regulations including the Truth in Lending Act and state-specific usury laws. It includes essential terms such as principal amount, interest rate, payment schedule, and default provisions, while clearly stating the joint and several nature of the obligation.

What sections should be included in a Joint And Several Promissory Note?

1. Parties: Identification of all makers (co-borrowers) and the payee

2. Promise to Pay: Clear statement of joint and several obligation to repay specified amount

3. Payment Terms: Principal amount, interest rate, payment schedule, and maturity date

4. Joint and Several Liability Statement: Express statement that each maker is fully responsible for entire debt

5. Default Provisions: Conditions constituting default and consequences

6. Governing Law: Specification of applicable state law

What sections are optional to include in a Joint And Several Promissory Note?

1. Collateral: Description of security interest if note is secured - use when note is secured by property or assets

2. Prepayment Terms: Conditions and penalties for early payment - use when prepayment restrictions apply

3. Late Payment Provisions: Penalties and grace periods for late payments - use when specific late payment terms are desired

What schedules should be included in a Joint And Several Promissory Note?

1. Payment Schedule: Detailed amortization table showing payment dates and amounts

2. Collateral Description: Detailed description of any securing assets (only for secured notes)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶ÒõÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Clauses






















Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about loan terms and costs to protect consumers in credit transactions

Fair Debt Collection Practices Act (FDCPA): Federal law governing debt collection practices and protecting debtors from abusive collection methods

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including promissory notes, their formation, enforcement, and transfer

State Usury Laws: State-specific regulations that set maximum legal interest rates and penalties for exceeding these limits

State Promissory Note Statutes: State-specific laws governing the creation, execution, and enforcement of promissory notes

State Negotiable Instruments Laws: State-level requirements for what constitutes a valid negotiable instrument and how they can be transferred

Statute of Limitations: State-specific time limits for bringing legal action to enforce a promissory note

Joint and Several Liability Principles: Legal doctrine allowing a creditor to pursue full payment from any one or all co-signers of the note

Contract Law Fundamentals: Basic principles of contract formation, including offer, acceptance, consideration, and capacity to contract

Statute of Frauds: Legal requirement that certain contracts, including promissory notes, must be in writing to be enforceable

Interest Rate Regulations: Federal and state regulations governing how interest rates must be calculated and disclosed

Disclosure Requirements: Mandatory information that must be included in the promissory note, including payment terms, interest rates, and default provisions

Consumer Protection Laws: State and federal laws protecting consumer rights in financial transactions, including borrower protections and disclosure requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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