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Personal Loan

A personal loan is a fixed sum of money borrowed without collateral and repaid in equal installments over a set term. "Personal loan" is a market label rather than a legal category. In federal law it is closed-end credit, and that classification explains most of what makes it behave differently from a credit card.

Last reviewed by Steven Fox, CFP®, EA on

Quick Summary

  • Federal law does not use the phrase. Regulation Z classifies it as closed-end credit, which it defines simply as consumer credit that is not open-end credit.
  • The defining feature of open-end credit is that repaid credit becomes available again. A closed-end loan lacks that feature, which is why the balance cannot re-grow.
  • Unsecured means there is nothing for the lender to repossess, so its remedy is collection and then a court judgment, and the debt is dischargeable in bankruptcy in the ordinary way.
  • An origination fee deducted from the advance reduces the amount financed without reducing what you repay, which is why the annual percentage rate exceeds the interest rate.
  • Two federal rights are easy to miss. Prepaying in full entitles you to a refund of unearned interest, and the disclosure has to say up front whether a prepayment charge applies.

Definition

A personal loan is consumer credit advanced as a single lump sum, not secured by any property, and repaid on a fixed schedule of level payments over a stated number of months. The rate is usually fixed, the payment does not change, and the loan ends on a date known when it is signed.

The name is worth explaining because no law uses it. There is no statutory or regulatory category called a personal loan; lenders market the product under that name, and the same product appears as a signature loan, an unsecured installment loan, or, when the proceeds pay off other balances, a debt consolidation loan. What federal law recognizes is closed-end credit, and Regulation Z defines that by subtraction: 12 CFR 1026.2(a)(10) says closed-end credit "means consumer credit other than 'open-end credit' as defined in this section." So the legal identity of a personal loan is negative. It is credit that is not a revolving plan, and the whole of its distinctive behavior follows from that.

Advanced Explanation

The legal difference from a credit card is one element, and it is the element everybody notices without naming. 12 CFR 1026.2(a)(20) defines open-end credit as credit extended under a plan in which the creditor "reasonably contemplates repeated transactions," may impose a finance charge "from time to time on an outstanding unpaid balance," and, third, in which "the amount of credit that may be extended to the consumer during the term of the plan (up to any limit set by the creditor) is generally made available to the extent that any outstanding balance is repaid." That third test is the one that matters here. Repaying a revolving balance restores the ability to borrow it again; repaying a closed-end loan does not, because there is no plan to draw on. The familiar observation that an installment loan ends because it is designed to end is therefore a legal property rather than a statement about willpower, and it is the strongest argument for the product.

Unsecured has a specific consequence, and it is what is given up when the same balance is moved onto collateral. Because no property is pledged, a lender that is not paid has no asset to take. Its remedies are collection activity and, if it sues and prevails, a judgment, which it may then attempt to enforce by whatever means state law allows. And an unsecured personal loan is dischargeable in bankruptcy in the ordinary way, unlike the categories that survive discharge. Those are real protections with a price attached, which is that unsecured credit is dearer than secured credit for exactly the same borrower. A reader considering moving a personal loan balance onto home equity to save a few points is trading those protections for the saving, and that is the comparison rather than the rate alone.

The origination fee and the APR, stated through the mechanism rather than as advice. Many personal loans carry an origination fee taken out of the advance, so a borrower who signs for a stated sum receives less than that while owing the whole figure. Regulation Z handles this precisely. 12 CFR 1026.18(b) requires the disclosed amount financed to be calculated by taking the principal loan amount, adding other financed amounts, and "subtracting any prepaid finance charge," and 1026.2(a)(23) defines a prepaid finance charge as any finance charge "paid separately in cash or by check before or at consummation of a transaction, or withheld from the proceeds of the credit at any time." That second limb is the one that catches an origination fee, since such a fee is not paid over separately but taken out of the advance. A fee deducted at closing therefore reduces the amount financed while leaving the payments untouched, and the APR is computed against that smaller figure. That is the arithmetic reason the APR on a fee-bearing loan sits above its interest rate, and the reason two loans quoting the same rate are not the same loan. On closed-end credit the APR is doing the work it was designed for, which is not true of a credit card APR.

Two federal rights that read as courtesies and are not. 15 USC 1615(a)(1) provides that "if a consumer prepays in full the financed amount under any consumer credit transaction, the creditor shall promptly refund any unearned portion of the interest charge to the consumer," subject only to a de minimis exception where the refund would be under a dollar. And 12 CFR 1026.18(k) requires the disclosure itself to answer the prepayment question before you sign, in one of two forms depending on how the loan is built: where the finance charge is computed by applying a rate to the unpaid balance, a statement of "whether or not a charge may be imposed for paying all or part of a loan's principal balance before the date on which the principal is due"; where the finance charge is computed some other way, meaning a precomputed loan, a statement of "whether or not the consumer is entitled to a rebate of any finance charge if the obligation is prepaid." Which limb appears on your paperwork tells you which kind of loan you have, which is worth knowing because it decides whether paying early saves anything.

One limit on a third right, which is easy to state more broadly than the statute does. 15 USC 1615(c) entitles a consumer to a free payoff statement once a year, delivered within five days of request, but on its own terms it applies to a precomputed consumer credit account. On an ordinary simple-interest personal loan the payoff figure is the outstanding principal plus interest accrued to the date, which servicers supply as a matter of course, but the five-day statutory right is not the source of it.

Variants exist and they answer different questions. A share-secured or credit-builder loan is aimed at a thin credit file rather than at a need for cash, and the material on the credit and debt guide sets out how each works. A loan against a workplace retirement plan is a different instrument with a different risk, covered by the published material on 401(k) loans. And the high-cost end of the market, payday and title lending, is not a personal loan in the sense described here.

How to Remember

A card is a plan you can draw on again; a personal loan is a single sum with an end date. Nothing is pledged, so the lender's only recourse is the courts, and that is why it costs more than borrowing against something you own.

Used in a Sentence

“Rather than carry the vet bill on a card at a revolving rate, Theo took a three-year personal loan for $4,000 so the balance had a fixed payment and a date it would be gone.”

How It Works

You apply, the lender underwrites a specific amount for a specific term, and the disclosure gives you the amount financed, the finance charge, the total of payments and the annual percentage rate before you sign. The money arrives as a lump sum, less any origination fee. Each level payment covers the interest accrued since the last one and reduces the principal by the remainder, so the loan retires itself on schedule.

A hypothetical example of what an origination fee does to a stated rate. Nadia signs for $15,000 at 11% over 48 months, with a 6% origination fee deducted from the advance.

The payment is set against the full note, so it is $387.68 a month and the total of payments is $18,608.64 ($387.68 × 48). The fee is $900 ($15,000 × 0.06), so the money that actually reaches her account is $14,100.

Two figures follow, and only one of them appears in the advertisement. The interest rate is 11%. The annual percentage rate, computed against the $14,100 amount financed rather than the $15,000 note, is approximately 14.3%. And the cost of the loan measured against the money she received is $4,508.64 ($18,608.64 − $14,100), not the $3,608.64 of interest shown on the note.

A competing offer at 12.5% with no origination fee would carry a higher interest rate and a lower APR, and would cost less. That is the whole reason the APR exists on closed-end credit, and it is why the rate is the wrong figure to compare even though it is the one on the poster.

Pros and Cons

Pros

  • The balance cannot re-grow, because a closed-end loan has nothing to draw on. The schedule does work that no amount of discipline does on a revolving balance.
  • The payment and the payoff date are fixed and known at signing, which makes the obligation easy to plan around.
  • It normally prices below revolving credit for the same borrower, because the lender underwrote a specific sum for a specific purpose.
  • Nothing is pledged, so missing payments cannot cost you a house or a car, and the debt is dischargeable in bankruptcy in the ordinary way.
  • The APR on closed-end credit folds in certain financing costs, so it is a genuinely comparable figure across offers.

Cons

  • An origination fee deducted from the advance means receiving less than you borrowed while repaying the full amount, and the rate does not show it.
  • A longer term lowers the payment and raises the total paid, so a comfortable payment can be attached to a materially worse loan.
  • It costs more than secured borrowing for the same borrower, which is the price of pledging nothing.
  • The money arrives as a lump sum whether or not you need all of it, and you pay interest on the whole amount from day one.
  • Using one to clear cards without changing what filled them tends to produce a loan and a fresh set of card balances.
  • Some loans carry a prepayment charge. The disclosure has to say so, which means the answer is available before signing rather than after.

People Also Asked

Answers to the most frequently asked questions.

What is the difference between a personal loan and a credit card?
Legally, one is closed-end credit and the other is open-end credit, and the distinguishing element is whether repaid credit becomes available again. 12 CFR 1026.2(a)(20) defines open-end credit partly by the fact that the available credit "is generally made available to the extent that any outstanding balance is repaid." A personal loan has no such plan, so paying it down cannot restore the ability to borrow. Practically that means a fixed payment, a fixed end date, and usually a lower rate.
Why is the APR on my personal loan higher than the interest rate?
Almost always because of an origination fee. Under 12 CFR 1026.18(b) the disclosed amount financed is the principal less any prepaid finance charge, so a fee taken out of the advance reduces that figure while the payments stay the same, and the APR is calculated against the smaller number. Comparing two offers on the interest rate alone can therefore rank them backwards, which is what the APR is there to prevent.
Can I pay a personal loan off early?
Generally yes, and two rules apply. 12 CFR 1026.18(k) requires the disclosure to state before you sign whether a charge may be imposed for paying the principal early, or, on a precomputed loan, whether you are entitled to a rebate of the finance charge. And 15 USC 1615(a)(1) requires the creditor to refund promptly any unearned portion of the interest charge when a consumer prepays in full. On an ordinary loan where interest accrues on the balance, paying early simply stops the accrual.
What happens if I stop paying an unsecured personal loan?
There is no collateral, so the lender cannot repossess anything. What typically follows is late fees, credit reporting, then collection activity by the lender or a purchaser of the debt, and potentially a lawsuit; a creditor that wins gets a judgment it may try to enforce by the means state law allows. The absence of collateral is a genuine protection, and it is precisely what is surrendered by moving the same balance onto a home-secured loan.
Is a debt consolidation loan a different product?
No. A debt consolidation loan is an unsecured closed-end installment loan whose proceeds pay off other balances, and its underwriting, disclosures and legal treatment are those of any personal loan. Some lenders will disburse directly to your creditors instead of to you, which removes a step, but the instrument is the same. Whether consolidating is worth doing is a separate question about total cost.

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