Related Posts
More Posts
Partners! roll call now go...
Additional Posts in Real Estate - Law
Anyone feel they’re slow?
Pro forma or proforma?
New to Fishbowl?
Download the Fishbowl app to
unlock all discussions on Fishbowl.
unlock all discussions on Fishbowl.




Default b/c of missed monthly payments and not maturity.
Be mindful of the specific words you use in the default notice. If the notice states that the “note WILL BE [emphasis added] accelerated and default interest will apply“, I would be concerned about a possible defense that the note has not yet been accelerated because you use the words “will be” rather than “hereby is“.
Ultimately, you are seeking an equitable remedy (foreclosure). As you know, as a condition precedent to equitable remedies you must strictly comply with all statutory requirements. If the borrower can successfully argue that your letter was merely a warning shot across its bow, you may have to renotice the borrower and give it whatever cure period to which it may be entitled, whether as a matter of the foreclosure statute or the loan documents.