skills/legal/consumer-loan-agreement/SKILL.md
Drafts a TILA-compliant U.S. consumer loan agreement with Regulation Z federal disclosure box, APR/finance charge calculations, payment schedules, default provisions, and required consumer notices. Applies 15 U.S.C. § 1601 et seq. and 12 CFR Part 1026. Use when drafting consumer installment loan agreements, personal loan contracts, or any consumer credit transaction requiring federal disclosure compliance.
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Produces an execution-ready consumer loan agreement with a Reg Z–compliant federal disclosure box and full contractual provisions for fixed-rate consumer credit.
Collect before drafting:
Place first on page one. Visually segregated (border/shading), heading bold ≥12pt, body ≥10pt. Use Reg Z–prescribed labels verbatim — never paraphrase.
| Reg Z Label | Requirements | |---|---| | Annual Percentage Rate — The cost of your credit as a yearly rate | ≥2 decimal places; actuarial or U.S. Rule method; tolerance ±⅛% regular, ±¼% irregular (12 CFR § 1026.22) | | Finance Charge — The dollar amount the credit will cost you | Total interest + all fees as condition of credit; itemize major components | | Amount Financed — The amount of credit provided to you or on your behalf | Principal minus prepaid finance charges | | Total of Payments — The amount you will have paid after making all scheduled payments | Amount Financed + Finance Charge | | Payment Schedule — Your payment schedule will be | Uniform: count × amount × frequency. Irregular/balloon: full date-and-amount table |
Math check: Amount Financed + Finance Charge must equal Total of Payments. Recalculate APR if any fee or term changes.
Loan purpose: Include if required by state or for regulatory classification — "This loan is extended for personal, family, or household purposes."
Prepayment:
Late charges: Specify grace period (10–15 days), charge amount (e.g., 5% of payment or $25, lesser of), assessed once per late payment, not compounded. Confirm state cap compliance.
Payment application order: Late charges → accrued interest → principal → other fees
If secured:
If unsecured: State no collateral pledged; remedies limited to those available for unsecured debt under applicable law.
Events of default: missed payment, failure to maintain collateral insurance, bankruptcy/insolvency, material misrepresentation, impairment of collateral, borrower death (if loan does not survive).
Acceleration: Lender may declare entire balance due upon default, subject to state-required notice and cure period (specify days and delivery method).
Collateral remedies (secured only): Repossession (self-help where state permits), public or private sale with UCC-compliant notice, proceeds applied: repo/sale costs → interest → principal. Deficiency remains borrower obligation where state law permits.
| Trigger | Notice | |---|---| | Borrower is/may be servicemember | SCRA notice: 6% rate cap on pre-service obligations; borrower to notify lender upon activation | | Co-signer not receiving proceeds | FTC Co-Signer Notice verbatim (16 CFR Part 444) | | State law requires | Applicable verbatim notices (cure rights, pre-repossession, right of redemption) |
Borrower acknowledgment above signature lines: receipt of completed copy including TILA disclosures, agreement to all terms.
| Problem | Resolution | |---|---| | APR exceeds tolerance | Recheck whether all fees imposed as condition of credit are included in Finance Charge; recalculate using actuarial method | | Math check fails | Verify Amount Financed = principal minus prepaid finance charges; confirm Finance Charge includes total interest plus all qualifying fees | | State rejects prepayment penalty | Many states prohibit penalties on consumer loans — remove penalty clause and re-draft prepayment as no-penalty | | Missing co-signer notice | If any guarantor does not receive loan proceeds, FTC Co-Signer Notice is mandatory — add verbatim text from 16 CFR Part 444 |
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