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Upfront
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August 7, 2000 , revised September 10, 2003"Is
a demand clause the same thing as a due on sale clause?
I shopped for a loan at several lenders, and the information on requirements was
very similar among them except that one lender stipulated that the note would
include a demand clause. "
A
demand clause is even better (for the lender) than a due on sale clause. A
demand clause allows the lender to demand repayment for any reason.
It protects the lender against having low-rate loans assumed by home
buyers in a rising rate market just as effectively as a due on sale clause.
But in addition, a demand clause permits the lender to raise your
interest rate in a rising rate market even when you aren’t selling your house.
The lender can force you to accept a higher rate by threatening that if
you don't agree, the loan will be called. A
demand clause is also better (for the lender) than an acceleration clause.
An acceleration clause allows the lender to call the loan if the borrower
violates some contractual provision, such as a requirement that the loan must be
repaid upon sale of the property. The lender requiring a demand clause will no doubt disavow any intention of behaving in such a manner. But in my view you don’t put your head on a chopping block just because the executioner promises not to cut it off. The
Truth in Lending Disclosure has a statement that reads “This loan has a demand
feature,” which is checked “yes” or “no.”
Some lenders will check “yes”, even though the note has an
acceleration rather than a demand feature.
Nonetheless, if it is checked “yes”, you want to examine the relevant
sections of the note. Copyright
Jack Guttentag 2003
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