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Understanding the Mortgage Acceleration Clause: What You Need to Know
Definition & Meaning
A mortgage acceleration clause is a provision in a loan agreement that allows a lender to demand full repayment of the loan balance under specific conditions. This clause typically activates if the property is sold, the title changes, the loan is refinanced, or if the borrower fails to make scheduled payments. It serves as a protective measure for lenders, ensuring they can recover the outstanding loan amount if the borrower breaches any terms of the mortgage agreement.
Table of content
Legal Use & context
This clause is commonly used in real estate and mortgage law. It plays a crucial role in protecting lenders' interests in various situations, such as default or transfer of property ownership. Borrowers should be aware of this clause when entering into a mortgage agreement, as it can significantly impact their financial obligations. Users can manage related legal documents using templates from US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner sells their house without notifying the lender. The lender invokes the acceleration clause, requiring the homeowner to pay off the remaining mortgage balance immediately.
Example 2: A borrower misses multiple mortgage payments, prompting the lender to activate the acceleration clause and demand the full loan amount (hypothetical example).
State-by-state differences
State
Acceleration Clause Variations
California
Acceleration clauses are common and strictly enforced.
Texas
Acceleration clauses must be clearly stated in the mortgage agreement.
Florida
Acceleration clauses are enforceable, but must comply with state disclosure laws.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Prepayment Penalty
A fee charged for paying off a loan early.
Acceleration clauses demand full payment under specific conditions, while prepayment penalties are fees for early repayment.
Default
Failure to meet the legal obligations of a loan.
Default is the event that may trigger the acceleration clause, but they are not the same.
Common misunderstandings
What to do if this term applies to you
If you are facing a situation where a mortgage acceleration clause may apply, consider the following steps:
Review your mortgage agreement to understand the terms and conditions.
Consult with a legal professional if you are unsure of your obligations or rights.
Explore US Legal Forms for templates that may help you manage your mortgage-related documents.
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