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Delaware Secured Promissory Note

Create Delaware Secured Promissory Note - $7.99

Not a blank template - your details are filled in, formatted to Delaware law, and ready to sign.

Generate a legally proper Secured Promissory Note for Delaware that covers all required terms under Delaware promissory note law. Fill in your loan details and download your completed, ready-to-sign Secured Promissory Note as a professional PDF.

Delaware law governs promissory notes with specific usury limits and enforcement rules that safeguards both lender and obligor. The usury limit in Delaware is 5% above Federal Reserve discount rate. Lenders have 6 years to file suit to collect on a promissory note in Delaware. Delaware law requires 4 specific elements in a valid promissory note.

Delaware Promissory Note Requirements

Max Interest Rate 5%
Rate Details 5% above Federal Reserve discount rate
Usury Penalty Forfeiture of the excess; borrower may recover treble the overcharge if suit is brought within one year
Statute of Limitations 6 years
Notarization Recommended
Witnesses Recommended (1)
Governing Agency Delaware Superior Courts
Required Elements Written agreement signed by borrower; Detailed collateral description; Interest rate disclosure; Lien filing if applicable

Delaware Secured Promissory Note Signing Checklist

Print this or save it as a PDF and use it at the signing. Review every item before any party puts pen to paper.

Before you sign

  • Both the lender and borrower read the full note before signing.
  • Confirm the principal amount, interest rate, and repayment terms match what was agreed.
  • Confirm any late fee amount and grace period are correct.
  • The lender keeps the original signed note in a safe place.
  • Each party keeps a signed copy for their own records.

Delaware rules to know

  • Keep the interest rate at or below Delaware's usury cap of 5% per year (5% above Federal Reserve discount rate).
  • Notarization is not required in Delaware but is strongly recommended. A notarized note is self-authenticating in court and harder to dispute.
  • 1 witness is recommended in Delaware even though not legally required.
  • In Delaware, the lender has 6 years from the date of default to file suit to collect on the note.

In the note itself

  • Borrower's full legal name and current address.
  • Lender's full legal name and current address.
  • Principal loan amount written out in both numbers and words.
  • Annual interest rate (expressed as a percentage).
  • Maturity date (the date by which the full balance must be repaid).
  • Detailed description of the collateral (make, model, serial number, or legal description for real estate).
  • Late fee amount and grace period, if any.
  • Signatures of both parties (and witnesses if required).
  • Lender's right to seize and sell the collateral upon default.

This checklist is a reference aid only. Consult an attorney for advice specific to your situation. Usury and enforcement rules for Delaware may change; verify current rates before signing.

What to Include in a Delaware Secured Promissory Note

Every Secured Promissory Note in Delaware should include the following essential provisions: the full legal names and addresses of both the creditor and borrowing party, the principal loan amount, the interest rate (which must not exceed 5% above Federal Reserve discount rate under Delaware law), the repayment schedule and due dates, any late payment penalties, the consequences of default, and the governing law clause. Because this is a secured promissory note, you must also describe the collateral in detail, including how it will be valued and the lender's right to seize it upon default.

Delaware requires the following elements in a valid promissory note: written agreement signed by borrower, detailed collateral description, interest rate disclosure, lien filing if applicable.

How to Complete a Delaware Secured Promissory Note

To complete a Secured Promissory Note in Delaware, start by gathering the necessary information: the full legal names and addresses of both parties, the loan amount, the agreed-upon interest rate (must be at or below 5% above Federal Reserve discount rate in Delaware), the repayment terms, and any collateral details if applicable.

Our platform walks you through each section with a guided form tailored to Delaware requirements. Once you have filled in all details, you can preview the document, choose from five professional document styles, and download your completed Secured Promissory Note as a PDF.

Frequently Asked Questions

What is the maximum interest rate for a promissory note in Delaware?
Delaware caps interest at 5% above Federal Reserve discount rate. Charging above the legal limit is usury - in Delaware, the penalty is: forfeiture of the excess; borrower may recover treble the overcharge if suit is brought within one year. Always confirm the current rate with an attorney, as usury laws can change.
Do I need a notary for a promissory note in Delaware?
Notarization is not required in Delaware for a promissory note to be legally valid. Notarizing it anyway is strongly recommended - it deters forgery claims, simplifies court enforcement, and makes the note self-authenticating as evidence. Having 1 witness is also recommended.
What happens if a borrower defaults on a promissory note in Delaware?
Upon default, the lender may demand immediate repayment of the full outstanding balance, charge any default interest rate specified in the note, and file suit in Delaware court. As a secured note, the lender may also seize and sell the collateral to recover the outstanding amount. Lenders have 6 years from the date of default to file a lawsuit under Delaware's statute of limitations for written contracts.
What collateral can be used for a secured promissory note in Delaware?
Common collateral for secured promissory notes includes real estate, vehicles, equipment, bank accounts, or valuable personal property. The collateral must be described in detail in the note - make, model, serial number, or legal property description depending on the asset type. The lender's right to seize and sell the collateral upon default must also be clearly stated. For real estate collateral, a separate deed of trust or mortgage is typically also required.
What is the difference between a secured and unsecured promissory note?
A secured promissory note is backed by collateral - if the borrower defaults, the lender can seize the collateral to recover the debt. An unsecured note relies solely on the borrower's promise to repay; the lender must sue and obtain a judgment to collect. Secured notes carry less risk for the lender and typically carry lower interest rates as a result.
What must be included in a Delaware Secured Promissory Note?
A valid Secured Promissory Note in Delaware must include: Written agreement signed by borrower; Detailed collateral description; Interest rate disclosure; Lien filing if applicable. Our platform automatically includes all required elements formatted to Delaware standards.
Why is Delaware known for having no usury cap?
Delaware has no general usury cap for written contracts between parties (5 Del. C. §2301) - parties may agree to any interest rate in writing. This is a major reason why major credit card companies (Citibank, JPMorgan Chase) incorporated in Delaware: they can charge any interest rate to cardholders nationwide under the "most favored lender" doctrine. For private promissory notes, Delaware's freedom of contract means your agreed rate is enforceable without a statutory ceiling. For a negotiable promissory note, Delaware applies the Uniform Commercial Code six-year period (6 Del. C. 3-118).

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