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A due-on-sale clause is a clause in a loan or promissory note that stipulates that the full balance of the loan may be called due (repaid in full) upon sale or transfer of ownership of the property used to secure the note. The lender has the right, but not the obligation, to call the note due in such a circumstance.
A deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings. The deed in lieu of foreclosure offers several advantages to both the borrower and the lender.
This type of provision permits the lender to require payment of the full loan balance if the property is transferred to a new owner without the lender's consent. However, all FHA-insured loans and VA loans (dated after March 1, 1988) are assumable as long as the buyer is creditworthy because they intentionally lack due on sale clauses.
An acceleration clause is a section of a mortgage contract that can have big consequences: Namely, it can require you to pay off your entire mortgage at once. Even if you miss only one payment.
The reference to 'HUD' in the form's name refers to the Department of Housing and Urban Development. Federal regulations require that unless its use is specifically exempted, either the HUD-1 or the HUD-1A, as appropriate, must be used for all mortgage transactions that are subject to the Real Estate Settlement Procedures Act. Prior to October ...
The alienation clause assures the lender that the borrower will repay the funds owed on a mortgage loan. This clause also necessitates that the borrower notify the lender before transferring or ...
Loan default happens when you regularly miss your monthly loan payments for an extended period of time. Depending on the loan type , this can be anywhere from one day to 270 days since the last ...
For commercial banks and large finance companies, "loan agreements" are usually not categorized although "loan portfolios" are often broadly characterized into "personal" and "commercial" loans while the "commercial" category is then subdivided into "industrial" and "commercial real estate" loans.