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Loan Agreement Contract Example

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Always obtain loan agreements in writing and read the fine print. One of the biggest mistakes borrowers make is entering into verbal agreements. If things go wrong there is no evidence to prove the case. Debtors should know the number of deferred payments, payment schedule, fees or penalties, and how the lender reports suspended payments to credit bureaus.

Loan agreements, like any contract, reflect an "offer," the "acceptance of the offer," "consideration," and can only involve situations that are "legal" (a term loan agreement involving heroin drug sales is not "legal"). Loan agreements are documented via their commitment letters, agreements that reflect the understandings reached between the involved parties, a promissory note, and a collateral agreement (such as a mortgage or a personal guarantee). Loan agreements offered by regulated banks are different from those that are offered by finance companies in that banks receive a "banking charter" granted as a privilege and involving the "public trust."

Students attending college at least half-time can apply for in-school deferment. This option is sometimes available to post graduates who have entered into college loan consolidation. In-school deferment is only available to students enrolled in or graduated from accredited schools and cannot be used for online education tuition.

Loan deferment is a special financing alternative that lets borrowers skip a payment without receiving derogatory credit reporting. The option to defer payments is available for most types of loans including mortgage, auto, credit cards, and student loans. Debtors must obtain lender approval and abide by deferment policies.

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