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Florida Promissory Note Templates

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The Florida promissory note templates are a set of documents utilized by two (2) parties and are designed to ad structure and security to a loan transaction. Built in to the documents include sections that allow the parties to decide on payment types, late fees, the final due date, and several other options. For the agreement to go into effect, a witness will need to watch the signing of the document by the lender and borrower.

Types

Secured Promissory Note – Includes security, which grants the lender the borrower’s property, a vehicle, or another worthy object if the borrower defaults on the balance.

Unsecured Promissory Note – Does not include security, hence the word ‘unsecured’. Because of this, the lender should take extreme care when deciding on who to loan money to. If the borrower were to default on the balance, the lender has no direct way to be reimbursed his or her money, but has to resort to bringing the borrower to small claims court and/or filing the default on the borrower’s credit.

Usury Rate

Florida statutes place an upper limit on the allowed interest rate at 18% per annum simple interest for any amounts loaned under $500,000 and 25% per annum simple interest for any amounts loaned over $500,000. See Florida Statutes Title XXXIX Ch. 687.03 and Ch. 687.071.

How to Write

Step 1 – Download the Promissory Document –

  • Submit the start date in dd/m/yy format
  • Enter the Borrower’s name
  • Enter the Borrower’s mailing address
  • AND
  • Submit the Lender’s name
  • Mailing address
  • AND
  • Enter the principal sum of the note
  • Provide the unpaid the percentage rate per annum

Step 2 – Payments – Submit the due date of the full balance of the note to include any late fees (dd/m/yy)

Installments –

  • Check the box would indicate selected method of payment – Enter the total amount of the note that must be paid by the due date
  • If the borrower is paying in installments, check the “installments” box – enter the principal amount that shall be paid by the due date,
  • Check the box establishing the chosen frequency of payments
  • Enter the required late fee for late payments

Step 3 –  Security –

  • If the note will be unsecured, check the box
  • If the loan shall be “secured,” enter the information on the agreed property shall secure the loan

Step 4 – Titled Sections –

  • Interest due in the Event of Default
  • Allocation of Payments
  • Prepayment
  • Acceleration (and 6A. – Security)
  • Attorney’s Fees and Costs
  • Waiver of Presentments
  • Non-Waiver
  • Severability
  • Integration
  • Conflicting Terms
  • Notice
  • Co-Signer – Check the box that applies  – if there will be a co-signer submit their name
  • Execution
  • Governing Law – (Florida)

Step 5 – Signatures – Apply the following, before a witness:

  • Lender’s signature
  • Date of the form in mm/dd/yyyy format
  • Print name
  • AND
  • The Borrower’s signature
  • Date of signature – in mm/dd/yyyy format
  • Print name
  • AND
  • If a Co-signer is required, submit their full name
  • Date of co-signer’s signature (mm/dd/yyyy )
  • Print name
  • AND
  • Witness’ signature
  • Date of signature in mm/dd/yyyy format
  • Print name


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