First-Time Home Buyers FAQs: What Is an Acceleration Clause? (2024)

First-Time Home Buyers FAQs: What Is an Acceleration Clause? (1)

A topic that sometimes comes up with first-time home buyers when they’re sorting through their loan documents is the acceleration clause. If you’ve never bought a home before, you’ve likely never come across this term and are probably curious about what it means. Below, we’ve provided a detailed explanation of acceleration clauses and why they’re an important part of a home loan agreement.

What Exactly Is an Acceleration Clause?

An acceleration clause is a provision in a loan agreement that allows the lender to require the borrower to immediately repay all of their outstanding loan if certain conditions are not met. It is, essentially, a protective measure for lenders.

This might sound scary, but don’t let it cause you to panic. The clause is only triggered under specific circ*mstances, such as if the borrower fails to make payments on time or breaches the terms of the loan agreement in another way.

This clause is used to mitigate risk for the lender, allowing them to recover the balance of the loan more quickly if they perceive an increased risk of non-payment. Foreclosures aren’t terribly common today, but they do happen. In 2010, there were about 2.9 million foreclosure filings.

For borrowers, triggering an acceleration clause can have serious financial consequences. Failing to meet the terms of their mortgage can result in their loan becoming due sooner than anticipated.

Is an Acceleration Clause Standard?

First-time home buyers shouldn’t panic if they see an acceleration clause in their loan documents. Almost all mortgage agreements include an acceleration clause. That being said, borrowers should fully understand the implications before signing their loan document.

What Triggers an Acceleration Clause?

The triggers for an acceleration clause can vary depending on the specific terms of a loan agreement but commonly include:

  • Missing payments: The most common trigger is when a borrower misses loan payments. Lenders may have a grace period before invoking the acceleration clause, but this depends on the agreement.
  • Transfer of the property: Some loan agreements include a “due-on-sale” clause that requires the loan to be paid in full if the property is sold or transferred. This is to ensure that the lender can assess the creditworthiness of the new owner or simply recover their loan.
  • Failure to maintain insurance: Failing to maintain the required insurance (e.g., homeowners insurance) can trigger the acceleration clause, as it increases the risk to the lender.
  • Property tax delinquency: Failing to pay property taxes can also trigger an acceleration clause because unpaid taxes can lead to a tax lien, which takes precedence over a mortgage or loan.
  • Breach of contract: Other breaches of the loan agreement, such as failing to maintain the property in good condition or using the property for illegal purposes, can trigger the clause.

Have Questions? We’ve Got Answers!

It’s normal for first-time home buyers to have questions about their loan documents or terms. If you have concerns that come up at any time, please do not hesitate to reach out. We will be more than happy to assist you.

First-Time Home Buyers FAQs: What Is an Acceleration Clause? (2024)

FAQs

First-Time Home Buyers FAQs: What Is an Acceleration Clause? ›

An acceleration clause is a provision in a loan agreement that allows the lender to require the borrower to immediately repay all of their outstanding loan if certain conditions are not met. It is, essentially, a protective measure for lenders.

What is the acceleration clause in simple terms? ›

An acceleration clause allows the lender to require payment before the standard terms of the loan expire. Acceleration clauses are typically contingent on on-time payments. Acceleration clauses are most common in mortgage loans and help to mitigate the risk of default for the lender.

What is the acceleration clause on a FHA loan? ›

An acceleration clause is a provision found in some real estate contracts that allows a lender to demand that you repay your entire loan balance if certain conditions are (or aren't) met.

What can trigger an acceleration clause in a mortgage? ›

An acceleration clause is activated when the borrower fails to make their mortgage payments (or meet other terms of the loan) and is thus required to pay off the remaining loan balance.

Who is most benefited by an acceleration clause in a mortgage? ›

Most commonly, the seller or lender benefits from an acceleration clause in a real estate contract. An acceleration clause can also benefit any real estate investors who have financial interests in the property. An acceleration clause helps manage the risk of lending money.

Who benefits from an acceleration clause? ›

The presence of an acceleration clause provides lenders with an additional level of security, as it allows them to mitigate potential losses by requiring borrowers to repay the loan immediately in the event of a breach. This provision helps lenders maintain control over the loan and protects their financial investment.

What are the implications of an acceleration clause? ›

The acceleration clause, true to its name, accelerates the mortgage repayment schedule. It will force you to repay the entire balance of your loan, plus accrued interest, in a single payment, under certain circ*mstances. These circ*mstances are specific actions (or inactions) on the borrower's — that is, your — part.

How does mortgage acceleration work? ›

A mortgage accelerator loan is a mortgage program that purports to help the homeowner pay their mortgage off at a faster speed than a more traditional loan. The appeal of this kind of loan is that faster repayment means that money is saved in the form of less interest owed over the life of the loan.

What is the difference between due-on-sale and acceleration clause? ›

The difference is that a due-on-sale clause is triggered when you sell or transfer your property without the lender's consent, whereas an acceleration clause goes into effect when you miss mortgage payments, file for bankruptcy or fail to fulfill your loan requirements in some other way.

When a borrower has defaulted on the mortgage the mortgage contains an acceleration clause? ›

In a mortgage contract, an "acceleration clause" is a provision that permits the lender to demand that the borrower repay the entire loan after a default. An "acceleration clause" in a mortgage or deed of trust allows the lender, or current loan holder, to demand repayment in full if the borrower defaults on the loan.

What are the exceptions to the acceleration clause? ›

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 most nearly means? ›

An 'Acceleration' clause most nearly means to speed up payment of an overdue debt. This clause is often found in loan agreements or contracts and allows the lender to demand immediate repayment of the entire outstanding balance if certain conditions are met, such as missing a series of payments.

How do you reinstate a loan after acceleration? ›

In it, a borrower will: re-affirm its obligations under the loan documents, consent to the lender's application of the payment received (including default interest and legal fees), acknowledge that the obligations that were created at the time the loan was accelerated are now reinstated and.

How does an acceleration clause work? ›

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.

What is the acceleration clause trigger? ›

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.

What is a negotiable instrument with an acceleration clause? ›

Even if the instrument is subject to an acceleration clause, as long as a specific date is otherwise named, the instrument is still negotiable. An acceleration clause allows the obligee to declare the full amount due and payable upon the occurrence of a particular event, such as the failure to make a payment.

What is the law of acceleration in simple words? ›

The acceleration of the body is directly proportional to the net force acting on the body and inversely proportional to the mass of the body. This means that as the force acting upon an object is increased, the acceleration of the object is increased.

What is the acceleration in simple words? ›

acceleration, rate at which velocity changes with time, in terms of both speed and direction. A point or an object moving in a straight line is accelerated if it speeds up or slows down.

What does an acceleration clause most nearly mean? ›

An 'Acceleration' clause most nearly means to speed up payment of an overdue debt. This clause is often found in loan agreements or contracts and allows the lender to demand immediate repayment of the entire outstanding balance if certain conditions are met, such as missing a series of payments.

What is acceleration in kids terms? ›

In popular speech, an object is often said to be accelerating only if it is speeding up. In physics, however, an object is accelerating if its velocity—speed plus direction—is changing, whether increasing or decreasing. If an object increases its velocity, it has positive acceleration.

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