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Loan contracts come in all kinds of forms and with varied terms, ranging
from simple promissory notes between friends and family members to more complex loans like mortgage, auto,
payday and student loans.
Banks, credit unions and other people lend money for significant, but necessary items like a car, student loan or
home. Other loans, like small business loans and loans from the Department of Veterans Affairs, are only
available to select groups of people. And two atypical loans are payday loans and loans from a retirement
account.
Regardless of type, every loan and its conditions for repayment is governed by state and federal guidelines
to protect consumers from unsavory practices like excessive interest rates. In addition, loan length and default
terms should be clearly detailed to avoid confusion or potential legal action.
In case of default, terms of collection of the outstanding debt should clearly specify the costs involved in
collecting upon the debt. This also applies to parties of promissory notes as well.
If you are in need of money for an essential item or to help make your life more manageable, its a good thing
to familiarize yourself with the kinds of credit and loans that might be available to you and the sorts of terms
you can expect.
Types of Credit
The two basic categories of consumer credit are open-end credit and closed-end credit. Open-end credit, also
called revolving credit, requires monthly payments that are less than the total amount due.
Examples of revolving credit are credit card accounts and home equity lines of credit. In each case, consumers
can use their credit while paying on their account balance.
Closed-end credit provides a fixed amount of money to finance a specific purpose for a specific period of time.
Examples of closed-end credit include:
Mortgages
Car loans
Appliance loans
Payday loans
Types of Loans
Loan types vary because each loan has a specific intended use. They can vary by length of time, by how
interest rates are calculated, by when payments are due and by a number of other variables.
Student Loans
Student loans are offered to college students and their families to help cover the cost of higher education.
There are two main types of student loans: those offered by the federal government, and those offered by
private lenders. Federally funded loans are better, as they typically come with lower interest rates and more
borrower-friendly repayment terms.
Mortgages
Mortgages are loans distributed by banks to allow consumers to buy homes they cant pay for upfront. A
mortgage is tied to your home, meaning you risk foreclosure if you fall behind on loan payments. Mortgages
have among the lowest interest rates of any loans.
Auto Loans
Like mortgages, auto loans are tied to your property. They can help you afford a vehicle, but you risk losing the
car if you miss payments. This type of loan may be distributed by a bank or by the car dealership directly. While
loans from the dealership may be more convenient, they often cost more overall.
Personal Loans
Personal loans can be used for any personal expenses and dont have a designated purpose. This makes them
an attractive option for people with outstanding debts, such as credit card debt, who want to reduce their
interest rates by transferring balances. Like other loans, personal loan terms depend on your credit history.
Payday Loans
Payday loans are short-term, high-interest loans designed to bridge the gap from one paycheck to the next.
They are predominantly used by repeat borrowers living paycheck to paycheck. Because of the loans high
costs, the government strongly discourages their use.
Consolidated Loans
A consolidated loan is a loan meant to simplify your finances. It is a loan that pays off all or several of your
other loans and debts, particularly credit card debt. It means fewer monthly payments and lower interest rates.
Consolidated loans are typically in the form of second mortgages or personal loans.
Whenever you decide to borrow money whether it is to pay the bills or buy a luxury item make sure you
understand the agreement fully. Know what type of loan youre receiving and whether it is tied to any of your
belongings.
Also, familiarize yourself with your repayment terms: what your monthly obligation will be, how long you have to
repay the loan and the consequences of missing a payment. If any part of the agreement is unclear to you,
dont hesitate to ask for clarifications or adjustments.
Personal debt and credit accounts underwent a revolution beginning in the late 1960s. As account information
became computerized and standardized, lawmakers attempted to fill the holes left in consumer rights.
Beginning with the Consumer Credit Protection Act, new protections were established for consumers and their
financial records. Among these were the Right to Financial Privacy Act, the Credit Practices Rule and the
Expedited Funds Availability Act.
Under specific circumstances, you may not be asked or told ahead of time that a government
agency is viewing your files.
A bank or other financial institution has the right to notify police if it has information about illegal
activity.
Your bank has the right to submit copies of your financial records to a court in order to prove
a bankruptcy claim or attempt to collect a debt.
A financial institution also may release your records if it removes all personal identifying information.
The law does not apply if a supervisory or consumer rights agency needs records to research consumer
complaints. In these instances, the records are used to scrutinize the financial institution and not you.
Under the Credit Practices Rule, creditors cannot make you give up your right to be notified of a
court hearing. If you are sued for not paying a debt, this ensures that you know about the hearing.
Creditors cannot require you to give up rights that protect certain personal belongings. In most
states, if you fail to pay your debt, you are still entitled to keep your home, clothing and other personal
items.
Creditors also cannot require you to use personal or sentimental items as collateral. This includes
wedding rings, pets, linens, documents and other household items.
Some creditors may want you to agree to have money automatically deducted from your paychecks
if you fall behind on loan or debt payments. Creditors are allowed to offer this option only under the
condition that you can cancel automatic deductions at any time.
Creditors have the right to charge a late fee if your loan payment is late. But they are banned from
implementing a practice known as pyramiding late fees. If you make your usual payment on time but
fail to include the owed late fee, the creditor cannot charge you an additional late fee.
When you deposit cash, electronic funds and some checks, you will be able to access and withdraw these
funds on the business day following the day the deposit is received.
So, if you deposit money into your account on Monday, the funds must be available to you by Tuesday. If you
made the deposit over the weekend, the bank will receive it Monday and must make the funds available by
Tuesday.
For personal checks or checks over $100, the wait time may increase. Depending on the check type and
amount, the wait may be three to five business days.
Longer delays are allowed in several circumstances, such as in cases of check deposits totaling more than
$5,000 on a single day, for new accounts, and for accounts with a recent history of overdrafts.
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other debts, including private school loans, lending institutions can consolidate private education loans with
other sources of debt.
Loans in India
Finance Loans
Secured Loan: A secured loan is one in which you get loan against an asset
that you possess. For example, you can take a loan against your property, a
vehicle that you own, your jewelry etc. If by any chance you are unable to
pay back the money you have taken as loan, the financial institution will sell
that asset and recover the amount. The interest rates may be lower for
secured loans as compared to unsecured loans. The financial institution from
which you take a secured loan usually estimates the market value of the
asset you keep as security.
Unsecured: If you do not have an asset to keep as security, you can get an
unsecured loan. However, in order to qualify for this loan you would have to
have a good record of credit history
and have a good income. The interest
rates for unsecured loans are usually
higher as compared to secured loans.
aid,
you
might
be
eligible
for
Subsidized loans are awarded to those who qualify for it and the borrowers
are not charged any rate of interest. In India, the best example of subsidized
loans are those given by rural banks or cooperative banks to the farmers,
especially for the purchase of farm equipments like tractors, pumps etc, or to
implement
latest
technology
that
would
increase
their
produce.
Some
Unsubsidized loans are given to lenders at a fixed rate of interest till the
time the full amount is repaid. The interest rates charged on this type of loan
can be minimized by repaying the loan before the interest accumulates.
Open-Ended loans are loans in which you can take loans several times. You
can pay the loan and take a loan again. You have a credit limit for these
loans. This means that you cannot take loan against an amount fixed by your
lender. You need to pay interest on these loans only if you exceed the credit
limit or you pay after the date of maturity. The credit limit can be increased
by the lender if you have a good record and do not default in payments.
Credit cards and lines of credit are a good example of open-ended loans.
Closed-Ended loans are loans that are fixed at the time you take them. This
means that when you take this loan, the amount of installments to be paid,
whether it has to monthly or half yearly etc., the duration till when you have
to repay the loans are fixed by the lender when you take this loan. These
loans are given against an agreed rate of interest. If you want, you can repay
the installments before the term alloted for it. Some examples of open-ended
loans are car loans, mortgage loans student loans.
Demand Loans: These are short term loans and have to be paid by the borrower at
any time it is asked to be repaid to the lender. Unlike other types of loans, this loan
does not have a date of maturity and at times may not have specific schedule for
repaying the loan. These loans are at times said as 'call loan' and are given by
lenders to borrowers with whom they have long standing business relationship. This
loan is good for the borrowers as they can repay it it according to their
convenience.
Banks are the chief providers of loans in the country. But before you take a loan
from a bank, make sure that you are aware of the various types of loans that you
can avail and also know the rates of interest offered by various banks. Loans can be
further categorized; however, this would depend on whether the borrower is an
individual or an organization that wants to take loan for a business transaction.