Notice Of Intent To Accelerate Template for United States

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Key Requirements PROMPT example:

Notice Of Intent To Accelerate

"I need to draft a Notice of Intent to Accelerate for a commercial real estate loan that's 90 days past due, with a default amount of $250,000, to be sent by March 15, 2025, and need to include California-specific disclosures."

Document background
The Notice of Intent to Accelerate is a critical document in the loan enforcement process, required by both federal and state laws in the United States. It is typically issued when a borrower has defaulted on loan payments and the lender wishes to demand full repayment of the remaining balance. The notice must include specific information about the default, amount due, cure period, and consequences of non-payment. It serves as both a legal requirement and a final opportunity for the borrower to remedy the default before more serious collection or foreclosure actions begin. The document must carefully adhere to various regulatory requirements, including the Truth in Lending Act and state-specific consumer protection laws.
Suggested Sections

1. Recipient Information: Full legal name and address of the borrower

2. Loan Information: Loan number, date, and original amount

3. Default Statement: Clear description of the default and how it occurred

4. Amount Due: Detailed breakdown of all amounts in default

5. Cure Period: Time period allowed to cure the default and specific deadline date

6. Acceleration Statement: Clear statement of intent to accelerate if default not cured within the specified period

Optional Sections

1. Payment History: Detailed history of payments and defaults, used when there's a disputed payment history

2. Loss Mitigation Options: Information about available options to avoid acceleration, included when required by state law

3. Legal Rights Statement: Additional information about borrower's legal rights, included when required by state law

Suggested Schedules

1. Payment History Statement: Detailed statement showing payment history and current amounts due

2. Original Loan Agreement Extract: Copy of relevant sections of original loan agreement regarding acceleration

3. State-Required Disclosures: Any additional forms or disclosures required by state law

Authors

Alex Denne

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

Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs associated with lending, including acceleration clauses.

Fair Debt Collection Practices Act (FDCPA): Federal law governing debt collection practices, including requirements for communications with debtors and timing of notices.

Real Estate Settlement Procedures Act (RESPA): Federal law requiring specific procedures and disclosures in real estate transactions and servicing of mortgage loans.

CFPB Regulations: Consumer Financial Protection Bureau regulations providing additional requirements for mortgage servicing and borrower communications.

State Consumer Protection Laws: State-specific laws protecting consumers from unfair practices in lending and debt collection, varying by jurisdiction.

State Foreclosure Laws: State-specific requirements governing the foreclosure process, including notice requirements and borrower rights.

State Notice Requirements: Specific state mandates regarding the content, timing, and delivery method of acceleration notices.

State Debt Collection Acts: State-level regulations governing debt collection practices, often more stringent than federal requirements.

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments and payment obligations.

UCC Article 9: Uniform Commercial Code provisions governing secured transactions and creditor rights.

Loan Agreement Terms: Original contract terms specifying conditions for acceleration, notice requirements, and cure periods.

Notice Period Requirements: Mandatory timeframes for providing notice before acceleration can take effect.

Party Identification Requirements: Legal requirements for properly identifying all parties involved in the acceleration notice.

Default Statement Requirements: Specific requirements for stating the nature and details of the default triggering acceleration.

Cure Period Provisions: Required timeframe and conditions allowing borrower to cure default before acceleration takes effect.

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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