D Promissory Notes, Loans and Property Agreement Examples

 

Programs

Manual Section

ALTCS

MA705R

 

1) Customer is the lender of a negotiable property agreement

An ALTCS customer has a property agreement with his cousin. The terms of the contract are as follows:

·        The customer’s cousin must pay $1,300 each month to pay the balance of $150,000 in exchange for the customer’s property.

·        There is no interest on the amount owed.

·        The contract does not state that it is non-negotiable.

According to the payment schedule, $125,000 is still owed on the property agreement at the time of application. Since the property agreement does not clearly state that it is non-negotiable, the remaining principal balance of $125,000 is a countable resource to the customer. The $1,300 payments made to the customer are counted as a resource and not counted as income.

 

2) Customer is the lender of a non-negotiable promissory note

An ALTCS customer has a promissory note with her grandson. The terms of the promissory note are as follows:

·        The customer gave her grandson $50,000 to help him buy his new home.

·        Her grandson will pay $1,500 each month until the balance is paid.

·        The agreement clearly states that it is non-negotiable.

The customer’s grandson owes $15,000 on the note at the time of application. Since the note is clearly identified as non-negotiable, it is a transfer. The customer got $35,000 as compensation, so the remaining $15,000 is uncompensated.

 

3) Customer is the borrower of a loan agreement (negotiable or non-negotiable)

In the same month as her application, a customer entered a loan agreement with her friend. The terms of the agreement are as follows:

·        The customer got $10,000 cash from her friend to help pay for medical costs

·        The customer will pay $500 a month to her friend until the loan is repaid

·        The contact does not state that it is non-negotiable.

The $10,000 the customer gets from the loan is not counted as income in the month received. Any amount remaining from the loan is counted as a resource in the month after the month she receives the money. The negotiability of the agreement does not affect treatment when the customer is the borrower.