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Texas Secured Promissory Note

Create Texas Secured Promissory Note - $7.99

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

Create a legally compliant Secured Promissory Note for Texas that contains all required terms under Texas promissory note law. Fill in your loan details and download your completed, ready-to-sign Secured Promissory Note as a professional PDF.

Texas law governs promissory notes with specific usury limits and enforcement rules that shields both lending party and debtor. The usury limit in Texas is 10-18% depending on loan type. Lenders have 6 years to file suit to collect on a promissory note in Texas. Texas law requires 4 specific elements in a valid promissory note.

Texas Promissory Note Requirements

Max Interest Rate 18%
Rate Details 10-18% depending on loan type
Usury Penalty Greater of three times the excess or up to $2,000 (Tex. Fin. Code 305.001); charging more than twice the authorized rate also forfeits the principal (305.002)
Statute of Limitations 6 years
Notarization Recommended
Witnesses Recommended (1)
Governing Agency Texas District Courts
Required Elements Written agreement signed by borrower; Detailed collateral description; Interest rate disclosure; Lien filing if applicable

Texas 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.

Texas rules to know

  • Keep the interest rate at or below Texas's usury cap of 18% per year (10-18% depending on loan type).
  • Notarization is not required in Texas but is strongly recommended. A notarized note is self-authenticating in court and harder to dispute.
  • 1 witness is recommended in Texas even though not legally required.
  • In Texas, 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 Texas may change; verify current rates before signing.

What to Include in a Texas Secured Promissory Note

Every Secured Promissory Note in Texas should include the following important provisions: the full legal names and addresses of both the note holder and borrower, the principal loan amount, the interest rate (which must not exceed 10-18% depending on loan type under Texas 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.

Texas 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 Texas Secured Promissory Note

To complete a Secured Promissory Note in Texas, 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 10-18% depending on loan type in Texas), the repayment terms, and any collateral details if applicable.

Our platform walks you through each section with a guided form tailored to Texas 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 Texas?
Texas caps interest at 10-18% depending on loan type. Charging above the legal limit is usury - in Texas, the penalty is: greater of three times the excess or up to $2,000 (tex. fin. code 305.001); charging more than twice the authorized rate also forfeits the principal (305.002). Always confirm the current rate with an attorney, as usury laws can change.
Do I need a notary for a promissory note in Texas?
Notarization is not required in Texas 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 Texas?
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 Texas 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 Texas's statute of limitations for written contracts.
What collateral can be used for a secured promissory note in Texas?
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 Texas Secured Promissory Note?
A valid Secured Promissory Note in Texas 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 Texas standards.
What is the usury limit for private loans in Texas?
Texas caps interest at 10% per year for private written contracts under the Texas Finance Code (§302.001), unless both parties agree to a higher rate in writing - in which case the maximum is 18% per year for most personal loans. Charging above the agreed limit or the statutory ceiling is usury. Texas has civil penalties for usury including forfeiture of all interest charged. Licensed lenders operate under separate rate schedules. Lenders have 4 years to sue on a written promissory note.

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