Legal Question in Credit and Debt Law in Minnesota
I have a private promissory note and the terms read:
In the event that borrower becomes unable to repay in full for any reason by [date], the borrower or his representative will surrender to loaner the [equipment] bought with money borrowed on [date]. [Equipment] listed as follows (and lists [equipment].
[Equipment] will be safely stored, and returned to borrower upon full repayment of loan. If borrower has made loan repayments in excess of 75% of the principal loan amount due by loan repayment date, the aforementioned [equipment] may remain with borrower and remaining loan balance may be re-negotiated and a new agreement made at that time, replacing current loan agreement.
The agreement was signed and notarized.
My question is, per the terms, I have to give back said [equipment]. If the value of the [equipment] fails to meet or exceed the original loaned amount, per these terms, is the loaner still owed the difference? I am under the impression that returning the [equipment] which was purchased, would absolve the debt/promissory note. Is this correct?
Thanks!
1 Answer from Attorneys
What is loan balance?
What is value of equipment ( collateral)?
WHen is repayment date (deadline)?
Question isn't whether value of equip. meets original loan amount, but if it covers balance due. {Orig. less payments made + Interest).
Can't tell from your question if you are borrower or loaner. Is this a commercial or personal loan?