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Which of the following clauses in a mortgage allows the lender todemand loan repayment if a borrower sells the property?1. Defeasance2. Prepayment3. Acceleration4. Alienation

Question

Which of the following clauses in a mortgage allows the lender todemand loan repayment if a borrower sells the property?1. Defeasance2. Prepayment3. Acceleration4. Alienation

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Solution

To determine which clause in a mortgage allows the lender to demand loan repayment if a borrower sells the property, we need to analyze the options provided:

  1. Defeasance: Defeasance is a clause that states that the mortgage will be voided or canceled once the borrower fulfills their repayment obligations. It does not directly address the lender's ability to demand loan repayment if the property is sold.

  2. Prepayment: Prepayment refers to the borrower's ability to pay off the mortgage before the scheduled maturity date. While prepayment may be allowed, it does not necessarily give the lender the right to demand loan repayment if the property is sold.

  3. Acceleration: The acceleration clause is the provision in a mortgage that allows the lender to demand immediate repayment of the entire loan balance if certain conditions are met. This clause is often triggered by events such as default on payments or the sale of the property. Therefore, the acceleration clause is the most likely option that allows the lender to demand loan repayment if a borrower sells the property.

  4. Alienation: Alienation refers to the transfer of ownership or the sale of the property. However, the alienation clause in a mortgage typically restricts or limits the borrower's ability to transfer or sell the property without the lender's consent. It does not directly address the lender's right to demand loan repayment upon the sale of the property.

Based on the analysis, the clause in a mortgage that allows the lender to demand loan repayment if a borrower sells the property is the acceleration clause (option 3).

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