Kiritsis & Associates
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
This is a provision that typically favors a mortgage holder (lender). It empowers the lender (often a bank) that upon a specified event such as a property sale or delinquency of the repayment, to have the legal right to ndeclare all sums immediately due and payable. It may be possible that enforcement of an acceleration clause to be impaired by the statute of limitation. Although, acceleration clauses can be found in all sorts of contracts, their most common use is found in real estate documents. It’s often said by attorneys who have spent significant time practicing real property law is a child of contract and bankruptcy law. It’s easy to see how contract law influences real property law, but how does the bankruptcy law fit into real property law? To make the connection, we need to realize that the hardest of a real estate transaction is usually obtaining financing from a lender. The lender has the advantage during most real estate transactions 2 aspects: 1) Naturally, the person with the gold makes the rules ( here, buyer needs lender) and 2) The lender is far more experienced with real estate transactions; even with a competent and skilled real estate attorney; on the buyer’s side the lender will probably hold most cards at the closing table. What is the lender’s biggest concern? It’s often a buyer’s filing of bankruptcy, and hence the insertion of acceleration clauses in many real estate loan documents.
Law Offices of Kiritsis & Associates
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