If the signature and the note have no value, then why doesn't the banker just loan the money without the signature and the note? If you think that money contracts have no value, try Googling "buying and selling of mortgage notes." It seems that there are a lot of people who disagree with you in the real world.
you have no clue
the signature is not worth the loan amount. the binding terms and conditions is the contract and the collateral at risk(personal possessions) is the collateral value. the signature just binds the contract
I guess I don't understand what you are trying to say. The signature certainly doesn't have value all by itself. The borrower could scribble his signature on the walls all day long, and it would be of no value to him (in most cases).
The borrower's signature isn't worth anything of value to most of the people in the world. They don't have anything to do with the loan.
The borrower's signature on the promissory note is worth the value of the loan listed on the promissory note. If he doesn't sign the note, generally speaking, he won't get the loan. The reason he went through all the hassle of the credit check and the talk with the banker is that he wanted the loan. He wouldn't have gone through the trouble if he didn't want the loan. So his signature on the note is worth it to him, because he gets the loan. He doesn't get the loan without his signature on the note. His signature on the note is very valuable to him. It is valuable to him in the amount of the loan.
The signature is worth it to the banker. He takes the promissory note, deposits it as a credit to his ledger, and then withdraws it in different form as a loan to the borrower. This means that he has the promissory note free and clear. Then he sells the note on the open market and makes a profit off the sale. He makes a profit even if he sells the note for less than its face value.
The buyers of the note only get perceived value, except if they make money down the road on their purchase of the note. But right in my post you quoted above, I suggested that you should Google "buying and selling of mortgage notes." All the people who buy and sell notes, only do it when the note is signed. The note is worthless without the signature. Some of these buyers and sellers might lose money. But if the borrower remains solvent and makes his payments on time, most of them will make money.
So, it is true that some signature somewhere might not have any value at all, and might only be a waste of time for the signer. But a signature on a promissory note has value for several people, and maybe a lot of people, depending on the circumstances.
signatures are not needed to bind contracts and contracts are not needed to be a 'note' laws have many forms of contract so again the signature is not the significant thing.
the only reason to prefer a paper document with a signature is that there is less chance of identity theft as it needs a human hand signing it and not some hacker with a list of fake id's typing into some website
so paper contracts have less risk of complexity
Well, this is true regarding all kinds of verbal agreements. But some jurisdictions don't easily recognize verbal agreements. And if the parties are alone when they make the agreement, if one of them breaks the agreement, the other has to prove that there was an agreement before he can collect on it. This might be difficult for him if he doesn't have a recording or a video of the agreement being made.
Obviously there are all kinds of agreements set up without signatures. Our agreement to use this forum isn't made with the written signature. And the mods have already kicked many people off who broke the agreement in a bad way.
So, great. Now that we know that there are agreements that can be made without a signature, what does
that have to do with the loan thing we are talking about?
traders behind the banks trading agreements are not buying the signature they are buying a proof that someone has put their assets at risk. it doesnt matter if its a note or a recorded voicecall. doesnt matter if its a signature or enough identity documentation/references attached to link the human to the contract.
They are absolutely buying the signature, right along with the paper. Check the OP. We aren't talking about somebody on the floor of the New York Stock Exchange. But even there it is the signature. Stock brokers need to sign all kinds of paperwork to become stock brokers. This doesn't have anything to do with this thread.
also these traders dont buy at the contract value. they buy it at an assessed value of how much they can safely get back via asset seizure if the human defaults the agreement
Hey, man. Thanks for the training course in the particulars. Why don't you learn punctuation and grammar, and write a book?
if you go into a shop and say i want a strawberry. and i agree to pay $1 for it. that is not you creating the strawberry. that is you forming a sales contract of what you want and what your offering in exchange.
if you then take the strawberry without payment you have defaulted the verbal contract and thus police can get involved.
That's reasonably correct. But you didn't make the proper comparison. The shop isn't a bank, authorized to create money with a borrower. Your strawberry doesn't fit this thread.
a loan agreement is not about how the funds are created its about the payment terms agree to.
it doesnt matter i the item in question was created over years and just stored. or created the minute of request.
Of course a loan agreement isn't about how funds are created. The banks don't want people to know this stuff. People would become irate if they knew about this. They might even get the laws changed. So bankers don't make loan agreements about how money is created. They just let the process happen, and walk away with tons of profit for a few minute's work.
the person making the loan did not create the money. else they would not need the banks services. it was the bank that created it on their computers.
The borrower created the money when he signed the note. If the process goes all the way through and the borrower gets his money, he created the money. The bank ledger shows this.
You don't need bank services to create money. Get out a piece of paper, and write on it, "$1
franky1 dollar." You just created money. Probably nobody other than your wife will ever trade public dollars for your private money, but if they do, you could become rich.
Consider. Isn't this exactly what Bitcoin miners do all the time? They create private money (BTC) by mining, and there are some people who think it has value, and trade real, public money for it.
by the way a loan does not have to be for money. and if its a product the loan does not require the exact product be returned plus extra. a loan can be for X and then an agreement that Y is the agreed return
where Y has nothing to do with X
You got me on that one. In the OP, my assumption was that the joker was talking about money loans. Good thing he wasn't clearer about it. We might have missed out on all this fun.
EG i can make a contract with a neighbour where he gives me his lawnmower and i have to give him back a lawnmower and a bottle of beer. or i have to pay him in instalments and have my LED TV put up as collateral
please please please learn some basics
My point in the OP was borrowing money from legal lending institutions. I even warned against defaulting on private loans, because private loans are absolutely not creations of new money. Such default harms the private lender.
But legal lending institutions (in the USA at least) aren't harmed at all by a default. Why not? Because the loan that is defaulted on was paid off before the borrower received the so-called loan money. It was paid off by the signed promissory note. That's what the bank ledgers show.