A Refinance Promissory Note is utilized when borrowers seek to modify the terms of an existing loan, typically to secure better interest rates or payment terms. This document, governed by U.S. federal and state lending laws, replaces the original promissory note and establishes new legally binding terms between the lender and borrower. The Refinance Promissory Note includes critical information such as the refinanced amount, new interest rate, payment schedule, maturity date, and any security interests or collateral arrangements. It must comply with various regulations including TILA, ECOA, and state-specific lending requirements.
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1. Parties: Identification of lender and borrower with complete legal names and addresses
2. Promise to Pay: Clear statement of obligation to repay, including principal amount and terms
3. Interest Rate: Specified interest rate, calculation method, and APR disclosure
4. Payment Terms: Payment schedule, amounts, and method of payment
5. Maturity Date: Date when the entire balance becomes due
6. Representations and Warranties: Standard representations about the borrower's legal capacity and authority
7. Events of Default: Circumstances constituting default and consequences
8. Governing Law: Specification of applicable state law governing the note
1. Security Interest: Details of collateral if the note is secured by specific assets
2. Prepayment Provisions: Terms and conditions for early repayment including any penalties
3. Late Payment Provisions: Consequences and fees for late payments
4. Insurance Requirements: Required insurance coverage for any secured property
5. Assignment and Transfer: Terms governing the transfer or assignment of the note
1. Payment Schedule: Detailed amortization table showing payment breakdown over the term
2. Original Note: Copy of the original note being refinanced
3. TILA Disclosure: Required federal Truth in Lending Act disclosures
4. Security Agreement: If applicable, details of any security interest or collateral
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