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— CH. 1 · THE CONTRACTUAL PROMISE —

Loan

~4 min read · Ch. 1 of 7
7 sections
  • A loan document issued by the Bank of Petrevene in Bulgaria dates back to 1936. This physical paper evidences a debt between two parties. The recipient, or borrower, incurs an obligation to pay it back. The document specifies the principal amount borrowed and the interest rate charged. It also lists the date when repayment is due. A legal loan enforces these obligations through contract law. These contracts can place additional restrictions on the borrower known as loan covenants. Acting as a provider of loans remains one of the main activities of financial institutions like banks. Other institutions issue debt contracts such as bonds as a typical source of funding.

  • A secured loan requires the borrower to pledge some asset as collateral. A mortgage loan allows individuals to purchase residential or commercial property. The lender receives security via a lien on the title until the mortgage is paid off. If the borrower defaults on the loan, the bank has the legal right to repossess the house. They may then sell it to recover sums owing to them. Similarly, a car loan may be secured by the vehicle itself. The duration often corresponds to the useful life of that car. Interest rates for secured loans are usually lower than those of unsecured loans. An unsecured lender must sue the borrower to obtain a money judgment. In insolvency proceedings, secured lenders traditionally have priority over unsecured lenders. This higher risk results in nearly always higher interest rates for unsecured forms.

  • Demand loans carry a floating interest rate that varies according to contract terms. These short-term loans do not have fixed dates for repayment. A lending institution can call these loans for repayment at any time. A subsidized loan reduces interest through an explicit or hidden subsidy. College loans in the United States accrue no interest while a student remains enrolled. Concessional loans offer terms substantially more generous than market loans. Foreign governments sometimes grant such soft loans to developing countries. Bridge loans help buyers bridge the gap between buying and selling assets. A buyer might need quick cash flow before selling their home. These loans require collateral like inventory or commercial real estate for businesses. Benefits include quicker access to funding despite higher interest rates.

  • Loans categorize debtors as either individual persons or business entities. Common personal loans include mortgage loans, car loans, and credit cards. The credit score of the borrower is a major component in underwriting. Monthly payments decrease by selecting longer payment terms but overall interest increases. Personal loans come from banks, alternative lenders, online providers, and private lenders. Loans to businesses are similar but also include corporate bonds. Underwriting for businesses relies on credit rating rather than credit scores. Commercial mortgages and government guaranteed loans fall into this category. Credit facilities or lines of credit serve both sectors differently. Peer-to-peer lending offers another avenue for individuals seeking funds.

  • The most typical loan payment type is fully amortizing. Each monthly rate has the same value over time. A fixed monthly payment applies to a specific loan amount. This calculation uses the number of months and a monthly interest rate. For more information, one can see monthly amortized loan formulas. The formula determines how much money changes hands each month. It ensures the loan balance reaches zero at the end of the term. Lenders use these calculations to set repayment schedules for borrowers. Borrowers rely on these numbers to plan their budgets accurately.

  • Predatory lending involves granting a loan to gain advantage over the borrower. Subprime mortgage-lending and payday-lending are two examples of such practices. Moneylenders who are not authorized may be considered loan sharks. Usury represents a different form of abuse where excessive interest is charged. Credit card companies in some countries have been accused of usurious rates. Consumer organizations often highlight frivolous extra charges made by lenders. Abuses also occur when customers defraud lenders by borrowing without intent to repay. These unethical behaviors undermine trust in financial systems. Regulations attempt to curb such predatory actions across various jurisdictions.

  • Most basic rules governing loans for tax purposes in the United States are codified by Congress. The Internal Revenue Code and Treasury Department regulations interpret these laws. A loan is not gross income to the borrower since they must repay it. The lender cannot deduct the amount of the loan from their own gross income. Repayment of the loan is not gross income to the lender either. Interest paid to the lender is included in the lender's gross income. This interest represents compensation for the use of money or property. Interest paid on business activity is generally deductible by the borrower. Interest paid on personal loans usually is not deductible except for home mortgages. If debt is discharged, the borrower essentially receives income equal to that amount.

Common questions

What is the oldest known loan document from Bulgaria and when was it issued?

A loan document issued by the Bank of Petrevene in Bulgaria dates back to 1936. This physical paper evidences a debt between two parties.

How does a secured loan differ from an unsecured loan regarding collateral and interest rates?

A secured loan requires the borrower to pledge some asset as collateral while interest rates for secured loans are usually lower than those of unsecured loans. An unsecured lender must sue the borrower to obtain a money judgment if they default on the loan.

When do college loans in the United States accrue no interest according to current regulations?

College loans in the United States accrue no interest while a student remains enrolled. These subsidized loans reduce interest through an explicit or hidden subsidy provided by the government.

Why are predatory lending practices like payday-lending considered abusive under financial regulations?

Predatory lending involves granting a loan to gain advantage over the borrower through excessive interest charges or frivolous extra fees. Usury represents a different form of abuse where lenders charge excessive interest, which regulations attempt to curb across various jurisdictions.

What is the tax treatment of loan repayment amounts versus interest payments for borrowers and lenders in the United States?

A loan is not gross income to the borrower since they must repay it and repayment of the loan is not gross income to the lender either. Interest paid to the lender is included in the lender's gross income and this interest represents compensation for the use of money or property.