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North Carolina Secured Promissory Note

Create North Carolina Secured Promissory Note - $7.99

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

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

North Carolina law governs promissory notes with specific usury limits and enforcement rules that secures both lender and obligor. The usury limit in North Carolina is 16% on loans of $25,000 or less; 8% legal rate absent a written contract. Loans over $25,000 may set any agreed rate in writing.. Lenders have 6 years to file suit to collect on a promissory note in North Carolina. North Carolina law requires 4 specific elements in a valid promissory note.

North Carolina Promissory Note Requirements

Max Interest Rate 16%
Rate Details 16% on loans of $25,000 or less; 8% legal rate absent a written contract. Loans over $25,000 may set any agreed rate in writing.
Usury Penalty Forfeiture of the entire interest; twice the interest paid may be recovered (G.S. 24-2)
Statute of Limitations 6 years
Notarization Recommended
Witnesses Recommended (1)
Governing Agency North Carolina Superior Courts
Required Elements Written agreement signed by borrower; Detailed collateral description; Interest rate disclosure; Lien filing if applicable

North Carolina 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.

North Carolina rules to know

  • Keep the interest rate at or below North Carolina's usury cap of 16% per year (16% on loans of $25,000 or less; 8% legal rate absent a written contract. Loans over $25,000 may set any agreed rate in writing.).
  • Notarization is not required in North Carolina but is strongly recommended. A notarized note is self-authenticating in court and harder to dispute.
  • 1 witness is recommended in North Carolina even though not legally required.
  • In North Carolina, 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 North Carolina may change; verify current rates before signing.

What to Include in a North Carolina Secured Promissory Note

Every Secured Promissory Note in North Carolina should include the following critical 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 16% on loans of $25,000 or less; 8% legal rate absent a written contract. Loans over $25,000 may set any agreed rate in writing. under North Carolina 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.

North Carolina 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 North Carolina Secured Promissory Note

To complete a Secured Promissory Note in North Carolina, 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 16% on loans of $25,000 or less; 8% legal rate absent a written contract. Loans over $25,000 may set any agreed rate in writing. in North Carolina), the repayment terms, and any collateral details if applicable.

Our platform walks you through each section with a guided form tailored to North Carolina 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 North Carolina?
North Carolina caps interest at 16% on loans of $25,000 or less; 8% legal rate absent a written contract. Loans over $25,000 may set any agreed rate in writing.. Charging above the legal limit is usury - in North Carolina, the penalty is: forfeiture of the entire interest; twice the interest paid may be recovered (g.s. 24-2). Always confirm the current rate with an attorney, as usury laws can change.
Do I need a notary for a promissory note in North Carolina?
Notarization is not required in North Carolina 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 North Carolina?
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 North Carolina 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 North Carolina's statute of limitations for written contracts.
What collateral can be used for a secured promissory note in North Carolina?
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 North Carolina Secured Promissory Note?
A valid Secured Promissory Note in North Carolina 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 North Carolina standards.

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