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A Florida promissory note is a form that establishes a loan arrangement between a lender and a borrower. The note covers the amount lent and the date by which the borrower must pay it back. This document will contain the names of both parties, the amount of the loan, the amount of interest, the due date of the payment, whether the payments will be installments or in a lump sum, and any late fees that may be charged for failure to pay on time.
Promissory notes are sometimes issued by financial institutions, but are more commonly used to get financing from a lender other than a bank. This type of arrangement is less detailed and formal than a traditional loan agreement, which contains more provisions and more punitive default measures.
Types (2)
Secured Promissory Note – A loan agreement in which the lender accepts the borrower’s personal property as collateral.
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Unsecured Promissory Note – A loan that doesn’t allow the lender to obtain any collateral from the borrower.
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Laws
- Interest & Usury Laws: Chapter 687
- Usury Rate (§ 687.03(1)): 18%
- Usury Rate for Loans over $500,000 (§ 687.03(1) and 687.071(2)&(3)): Over 25% is a 2nd degree misdemeanor; over 45% is a 3rd degree felony.
- Usury Rate for Judgments (§ 55.03(1)): 4% above the federal discount rate.
- Usury Rate for Life Insurance Policy Loans (§ 627.4585(2)): 10% or an adjustable maximum interest rate as permitted by law.
- Usury Rate for Consumer Finance Loan (Up to $25,000) (§ 516.02(2)(a)): 18%