A loan is a legal and binding contract
between the lender and the borrower. There are two basic types of loans. Secured
and unsecured. Secured loans are backed by some type of collateral.
Anything can be collateral. Most widely used types of collateral are autos,
homes, boats, money, bonds, stock, insurance policies with cash values, cattle,
crops, etc. In fact, anything of value can be used as collateral as long as you
own it and can prove you own it. Unsecured loans do not have collateral to back
up the loan hence the term, UN-secured.
Secured loans use three basic
instruments to create the loan. First is some type of ownership document proving
the borrower owns the collateral or property. This can be a car title, a real
estate deed, a savings account statement, a bill of sale or anything that proves
ownership. Every lender is going to want proof of ownership or intent to
purchase. After all nobody wants to loan ME money based upon the value of YOUR
car!
Second we need a note, some type of
promise to pay or a credit agreement. This is the actual loan contract which
states the terms and conditions of the loan. It will show the interest rate, the
date of the loan, when interest starts running (accruing), how long the interest
goes, the amount of each payment and dates when payments are due. By federal
law, all loans must boldly show the interest rate as an Annual
Percentage Rate (APR). This is the interest rate you will pay on an annual
basis, factoring in any long or short payment start dates, extra fees that are
really interest and how often payments are made. It is a very good way to
compare the cost of the loan. It puts all loans on a level basis.
Have you ever gotten those credit card
statements in the mail with a folded brochure that says something like "change
in terms"? Usually the print is small and it is packed with legal wording. Well,
these are changes to the terms of the credit agreement that you have with the
issuing bank. This credit agreement is a promise to pay. It is the contract
under which you are allowed to use the credit card. Car loans have notes or
credit agreements. Notes usually cannot be changed at will and are called
closed-end. In order to change the loan terms of a closed-end loan you have to
pay off the note or agreement and get an entirely new note or agreement. The
opposite is an open-end loan. These types of loan agreements are used for
revolving credit like a credit card or a merchant account. They can be changed
often without the need to sign (execute) a new loan agreement. Usually all
variable rate loans are also made under an open-end credit agreement. So some
type of legal contract requiring repayment of the loan is the second item needed
for a loan to begin to be valid.
The third item for a loan to be made is
some type of security document. This shows that the lender has a security
interest in the property or collateral that you have offered. The document
is usually a financing statement for autos and other moveable and tangible
collateral (called chattel property), a mortgage for real estate and a
purchase money mortgage for revolving credit. These all show the world that
the lender has an interest in the collateral and can seize the collateral to
repay the debt. This seizure is called repossession for chattel property
or foreclosure for real property. This security document is many times
filed at a public place such as the county courthouse and is made public record.
In the case of real estate, it is always filed publicly.
Although not strictly required for a
loan, most lenders will want you to show them that you have insured the
collateral in such an amount that a large loss will leave enough insurance
proceeds to pay off the loan. This is of course especially true with big ticket
items such as homes or autos.
Where Do Loans Come From?
Financial institutions such as banks,
credit unions, mortgage companies, insurance companies and savings banks all
make loans using depositors or stockholders money. Governments make loans with
tax money. Credit companies also make loans from stockholders money or people
who have loaned them money through bonds. Credit card loans are unsecured and
come from banks and credit unions. Merchants also make loans for the purchase of
their goods and services. Merchants consider these advances to be accounts
receivable and don't really show them as loans on their books, but they are
loans. Family members make loans to other family members. A family member to
family member loan can have a very low interest rate and still not be considered
a gift. The IRS periodically sets what minimum rate you can charge a family
member and it be considered a loan and not a taxable gift. All of the loan
sources listed are subject to usury laws set by each state. These are
laws stating the maximum APR which may be charged in that state. As you can see
the sources for loans are almost endless.
How Do I Get a Loan?
Anyone of legal age can obtain a loan.
So where go you begin? SCAN ! Remember this word. It stands for SHOP,
COMPARE, APPLY and NEGOTIATE. So get ready to SCAN.
Shop among several lenders. Regardless
of the type of loan you are interested in, shop around for at least 3 to 5
sources. Get quotes from as many sources as you feel comfortable with. There are
many on-line sources for loan shopping, here are just a couple:
E-Loan
and
Lending Tree
.
They are quick and their terms are very good. And they give you up to 4 loan
quotes with each application. If you are looking for any type of mortgage loan,
be sure to check out our
Mortgage Page.
Compare terms of all the quotes you
get. First look at APR, then at the actual length of the loan and amount of
payment. This can be tricky if comparing variable rate loans or mortgage loans.
Take your time and don't rush into anything. There are a lot of loan fees that
lenders can charge so be sure you compare these fees. You can look at the total
of all payments on your quotes and get an idea of which is the best. But the
real key is to find everything that the lender is going to charge you and take
it into consideration.
Apply for the loan. Sometimes this step
comes first becuase lenders are hesitant to quote you terms without knowing
something about you. Always be truthful on these applications and give only the
information requested. This application along with your credit rating is going
to determine the rate, how much and how long a loan you can get. By the way,
lenders use the 4 C's of credit: Capacity, Collateral, Credit rating and
Character. They look at all of these areas when making loan decisions. That is
why it is very important to know what is on your credit report. You can order
your credit report from all 3 major credit reporting agencies by going to
Equifax.com
Negotiate the terms of the loan.
Lending is very competitive. Lenders want your business, even if maybe your
history isn't the best in the world. So whatever terms are the best in your
shopping and comparing process, make a counter offer of terms. Always ask to get
the loan at a lower interest rate without paying any additional fees. And if a
lender wants to charge you an application fee, don't go for it. If you don't get
the loan, you are out the fee with nothing to show for it.
Finally, always pay all of your loan
payments on time and in full. If you ever have trouble in doing this, contact
the lender immediately. They will be very lenient with you and this will ensure
that a short-term money problem will not ruin your credit. However, if you are
perpetually late with payments, it could effect your loan rate and your credit
report as well as, believe it or not, your insurance rates.