An Arizona promissory note is a written arrangement wherein a loan is provided to a borrower on the condition they promise to pay the lender back with interest. The document details the total amount of the loan, whether payment must be made in a lump sum or in installments, the amount of interest, and any late fees that may be charged.
Promissory notes can be secured or unsecured, meaning the lender may require that the borrower post collateral. This will be some form of real or personal property that is relatively equal to the amount of the loan. Failure to repay the loan will result in lender seizing the borrower’s property.
Types (2)
Secured Promissory Note – A loan agreement whereby the borrower must offer the lender an asset as collateral.
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Unsecured Promissory Note – Defines a loan transaction’s key elements, not including collateral.
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Laws
- Interest & Usury Laws: Title 44, Chapter 9, Article 1
- Usury Rate With Contract (§ 44-1201(A)): No maximum.
- Usury Rate Without Contract (§ 44-1201(A)): 10% (excluding medical debts)
- Usury Rate on Judgments (§ 44-1201(B)): 10% or 1% plus prime rate, whichever is less (excluding medical debts).