In the event of foreclosure,
this clause gives the lender the ability to get rid of tenants that are paying below - market rent or are otherwise «undesirable».
Lets also remember that the due on sale
clause give the lender the right, not the obligation, to call the loan due.
Not exact matches
Nevertheless, you should look out for these
clauses in the small writing and look for a
lender who will
give you the prepayment option, thus, not losing interests by shortening the plan.
A due - on - sale
clause in your original mortgage agreement
gives the
lender the right to call your remaining mortgage balance due if you sell the mortgaged property or otherwise transfer title to another party.
Acceleration
Clause A provision in a mortgage that
gives the
lender the right to demand payment of the entire outstanding balance if a series of monthly payments are missed.
However,
given that the solicitor will only have access to an insurance binder prior to closing (which does not include the terms of the policy), it would be prudent for the solicitor to advise the
lender client about the limitation on the solicitor's ability to ensure that the requested mortgage
clause is included in the policy prior to closing.
The answer is no, unless there was an additional
clause added to the agreement that
gave the seller the right to provide the financing in the event the buyer was not approved by the
lender.
This
clause undercuts the tenant's priority vis - à - vis a subsequent mortgage
lender and doesn't
give the tenant an automatic right to another NDA with the subsequent
lender.
The property might be encumbered by underlying loans that contain alienation
clauses,
giving the
lender the right to accelerate the loans upon sale.
A loan provision
giving the
lender the right to declare the entire amount immediately due and payable upon violation of another specific loan provision, commonly referred to as the Due on Sale
Clause.
The «due on sale» (aka «acceleration
clause») is a provision in a mortgage document that
gives the
lender the right to demand payment of the remaining balance of the loan when the property is sold.
In previous Blog entries, we've talked about one of the bigger pitfalls to «creative financing», and that is that it may
give the Seller's Mortgage
Lender (s) the right to foreclosure for a violation of the «Due on Sale
Clause.»