Also known as:loan · loans · loaned · loaning · lend · lending
Written by attorneys · grounded in primary & secondary sources — see below
To transfer money or other property from one party to another for temporary use under an obligation of repayment or return, often with interest or security.
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How it applies
Common Examples
6
Lawyer Loan to Judicial Campaign
Lars Lindstrom, a partner at a law firm, transfers $25,000 to the campaign committee of a sitting judge who controls appointments to lucrative government legal work. The firm is later selected for the engagement. The contribution is treated as a loan because it was extended to secure the appointment.
Bank Loan for Home Purchase
Lucy Liu applies to Liberty Trust for financing to buy a single-family residence. The bank approves the loan and disburses funds secured by a mortgage on the property. The transaction falls within the statute's prohibition on discriminatory lending practices.
Pawnshop Loan on Stolen Goods
Layla Lane brings a stolen laptop to a pawnbroker and receives cash in exchange for the device. The pawnbroker acquires possession of the laptop by lending money on its security. The pawnbroker is guilty of theft because he knew or believed the property had probably been stolen.
Partner Advance Treated as Loan
Landon Long, a partner in a general partnership, pays a partnership debt from personal funds. The payment creates a partnership obligation. The advance is treated as a loan to the partnership that begins accruing interest on the date it is made.
Future Advance Under Mortgage
Lily Lopez obtains an initial mortgage loan from Lakewood Manufacturing secured by her commercial property. The mortgage contains a dragnet clause allowing additional advances. When Lakewood later lends her more money for renovations, the new funds are secured by the same mortgage with the same priority.
Corporate Authority to Lend Funds
Lexicon Media, a corporation, lends $100,000 to a subsidiary to acquire additional shares in another entity. The board approves the transaction under the corporation's statutory powers. The loan is a valid exercise of the corporation's authority to lend money and deal in obligations of other entities.
Common questions
Frequently Asked
5
When does a political contribution count as a loan under professional conduct rules?+
A political contribution counts as a loan when a lawyer or firm extends money or other value to a candidate or campaign with the purpose of obtaining government legal work or a judicial appointment. The rule treats any such advance as a contribution that raises questions about merit-based selection.
How does the Fair Housing Act regulate loans secured by residential real estate?+
The statute prohibits discrimination in the making or purchasing of loans or other financial assistance for purchasing, constructing, improving, or maintaining a dwelling when the loan is secured by residential real estate. The prohibition applies to any person or entity whose business includes such transactions.
When is lending on the security of property treated as receiving stolen goods?+
A person commits theft by lending on the security of movable property when the lender knows or believes the property has probably been stolen and lacks the purpose to restore it to the owner. The definition of receiving expressly includes acquiring possession or title by such a loan.
Does an advance by a partner automatically become a loan to the partnership?+
An advance by a partner that creates a partnership obligation is treated as a loan to the partnership. Interest begins to accrue on the date of the advance, distinguishing the transaction from a capital contribution.
What priority does a future advance receive under a mortgage containing a dragnet clause?+
A future advance is secured by the original mortgage and generally enjoys the same priority, subject to state statutes and the mortgage terms. Some jurisdictions limit priority to advances made before notice of intervening liens or require the advance to be within a stated maximum.
loans
or guarantees in excess of established amounts may be disapproved by resolution of either House;) (proposed award by President of individual contracts for purchase of more than 75,000…
from the United States, purchased the materials used in the work, and entered into an engineering service contract with an independent engineering company for the design and supervision of…
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