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Notice Of Default And Intent To Accelerate Template for United States

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Key Requirements PROMPT example:

Notice Of Default And Intent To Accelerate

"I need to draft a Notice of Default and Intent to Accelerate for a commercial real estate loan where the borrower has missed three consecutive monthly payments, with the last payment due on March 15, 2025, and we want to give them 30 days to cure before acceleration."

Document background
The Notice of Default and Intent to Accelerate is a crucial document in the loan enforcement process within the United States financial system. It is typically issued when a borrower has failed to make required payments or has otherwise breached loan terms. This notice serves multiple purposes: it formally documents the default, provides the borrower with a final opportunity to cure the default, and satisfies legal requirements before acceleration or foreclosure proceedings can begin. The document must carefully balance legal compliance with clear communication, incorporating both federal requirements and state-specific provisions regarding notice periods, cure rights, and required disclosures.
Suggested Sections

1. Recipient Information Block: Full name and address of the borrower(s) and date of notice

2. Loan Details: Loan number, original date, original amount, and property address if applicable

3. Notice of Default: Detailed description of the default, including specific amounts and dates of missed payments

4. Demand for Payment: Total amount needed to cure the default, including any late fees or penalties

5. Cure Period Statement: Specific timeframe within which the default must be cured

6. Intent to Accelerate: Statement of intent to accelerate the entire loan balance if default is not cured within specified period

7. Rights and Remedies: Statement of lender's rights and remedies under the loan agreement

8. Contact Information: How to contact the lender/servicer for payment or questions

Optional Sections

1. Loss Mitigation Options: Information about available options to avoid acceleration, such as loan modification or repayment plans

2. Military Service Member Rights: Required if borrower may be entitled to protections under the Servicemembers Civil Relief Act

3. State-Specific Disclaimers: Additional disclaimers or notices required by specific state laws

4. Dispute Rights: Information about the borrower's right to dispute the debt and request verification

Suggested Schedules

1. Payment History Statement: Detailed statement showing payment history and current amount in default

2. State-Required Forms: Any state-mandated forms or disclosures that must be attached to the notice

3. Loan Agreement Extract: Relevant sections of the loan agreement regarding default and acceleration

4. HUD/FHA Rights Notice: Required for FHA-insured loans, explaining rights and options under HUD guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses




















Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs. Must be considered when drafting default notices to ensure compliance with disclosure requirements.

Fair Debt Collection Practices Act (FDCPA): Federal law governing debt collection practices. Sets rules for communication with debtors and prohibits deceptive or unfair collection practices.

Real Estate Settlement Procedures Act (RESPA): Federal law requiring specific procedures for real estate loans, including requirements for loan servicing and loss mitigation procedures.

Dodd-Frank Wall Street Reform: Comprehensive financial reform law that includes provisions affecting loan servicing and foreclosure practices, including requirements for fair lending and consumer protection.

State Foreclosure Laws: State-specific regulations governing the foreclosure process, including required notices, timeframes, and procedures. Varies by jurisdiction.

State Consumer Protection Laws: State-level laws protecting consumers from unfair practices, including specific requirements for default notices and acceleration clauses.

State Notice Requirements: Specific state-mandated requirements for the content, format, and delivery of default notices.

State Debt Collection Acts: State-specific laws governing debt collection practices, which may impose additional requirements beyond federal FDCPA.

UCC Article 9: Uniform Commercial Code article governing secured transactions, including requirements for default notices and acceleration of debt.

CFPB Regulation X: Federal regulation implementing RESPA, including specific requirements for loan servicing and loss mitigation procedures.

CFPB Regulation Z: Federal regulation implementing TILA, including requirements for disclosure of terms and conditions in lending.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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