Contingencies resulting in acceleration of maturity

State:
Multi-State
Control #:
US-REMC-101-1
Format:
Word; 
Rich Text
Instant download

Description

This form provides boilerplate Mortgage Acceleration contract clauses that outline the consequences and contingencies that will apply under a contract agreement as a result of an event causing mortgage to be accelerated and become due and payable. Different language options are included to suit individual needs and circumstances.

Contingencies resulting in acceleration of maturity are situations in which the maturity date of a financial instrument is accelerated due to an event or condition such as a default or credit event. Common types of contingencies resulting in acceleration of maturity include cross-default clauses, bankruptcy clauses, default clauses, and change of control clauses. Cross-default clauses are provisions in loan agreements that require a borrower to repay the full amount of a loan if the borrower defaults on any other loan or obligation. Bankruptcy clauses are provisions in loan agreements that require a borrower to repay the full amount of the loan if the borrower files for bankruptcy. Default clauses are provisions in loan agreements that require a borrower to repay the full amount of the loan if the borrower fails to pay an installment of the loan on time. Change of control clauses are provisions in loan agreements that require a borrower to repay the full amount of the loan if the borrower undergoes a change of control.

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FAQ

An accelerated clause is typically invoked when the borrower materially breaches the loan agreement. For example, mortgages generally have an acceleration clause that is triggered if the borrower misses too many payments. Acceleration clauses most often appear in commercial mortgages and residential mortgages.

Definition: Declaration by a lender that the outstanding principal is due and payable immediately, together with the interest due, following non-compliance with loan covenants.

For example, assume a borrower with a five year mortgage loan fails to make a payment in the third year. The terms of the loan include an acceleration clause which states the borrower must repay the remaining balance if one payment is missed.

When drafted properly, rent acceleration clauses are enforceable if a tenant/debtor defaults on a monthly payment and fails to cure its default within a de ned period. The law allows businesses to contractually agree to a rent acceleration clause as a liquidated (certain) damages provision.

There are exceptions to this clause's enforcement, including death, divorce and other mortgage situations. An acceleration clause also invokes the borrower to repay their loan balance in full, but as a penalty for violating the loan's terms.

What is an acceleration clause? An acceleration clause in real estate is a provision in the loan documents that allows the lender to demand full and immediate repayment of the outstanding mortgage balance (in addition to any accrued interest since the most recent payment) when a borrower breaches the loan agreement.

Acceleration Clause Explained An acceleration clause in mortgage gives the lender a right to demand full repayment of the unpaid borrowed sum if the borrower has failed to fulfill certain conditions of the contract. As such, these provisions protect the interests of lenders by reducing lending risks.

Acceleration clauses are contract provisions allowing a financial lender to speed up the repayment of your mortgage if you don't meet specific conditions. These are known as triggers in real estate offers. A triggering event allows the lender to invoke immediate payoff.

More info

Acceleration clauses are typically contingent on on-time payments. View on Westlaw or start a FREE TRIAL today, § .Contingencies resulting in acceleration of maturity—Acceleration of prior mortgage, Secondary Sources. Acceleration of Maturity. 2d 804, see flags on bad law, and search Casetext's comprehensive legal database. 3 Disclosure of contingent consideration and indemnification assets. Add Scenario and try another Script, Click to add the accelerated scenario to the project and display the Accelerate Schedule dialog box to run a new scenario. CONMED Corporation Announces Preliminary Fourth Quarter and Full Year 2006 Results. The inspection contingency allows the buyer to make their offer contingent on the results of a home inspection. Large banks (i.e.

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Contingencies resulting in acceleration of maturity