And There Is Always A Clause
Anyone who has a mortgage can attest to the volume of legal paperwork that is involved in the process. When you review your mortgage, you may notice a number of different sections known as clauses or covenants, which govern the details of the mortgage transaction and ownership of the property thereafter. Considering the sheer amount of paperwork required in a home purchase, you’ll be better equipped if you can walk into each meeting knowing what some of these basic clauses mean before you begin putting your signature to paper.
Acceleration clause – This clause protects the lender, by triggering a legal demand for the full loan to be repaid at once, should conditions such as borrower default exist.
Due-on-sale clause – A variation of the acceleration clause, this allows the lender to ask for the full loan repayment if the property is sold or otherwise transferred to somebody else.
Assumption clause – In increasingly rare cases, a mortgage may be “assumable,” meaning that rather than the homebuyer receiving a new mortgage, they are allowed to simply take on the previous owner’s mortgage and monthly payments. This setup also allows the buyer to forgo settlement costs and loan application procedures, and possibly even assume the seller’s interest rate. Most current mortgages, however, provide the opposite clause on the mortgage—a “nonassumption” clause.
Conversion clause – A clause specific to ARM mortgages, this gives the borrower an option to convert the ARM to a fixed-rate mortgage (usually for a fee, and often only within a specific time-frame).
Insurance covenant – The mortgage lender may add this to the contract to ensure that the buyer protects the home with a reasonable amount of property insurance. The covenant often allows the lender to purchase coverage at the borrower’s expense, if the borrower does not take responsibility on their own to keep this coverage.
Although the prospect of reading your mortgage paperwork may seem daunting, in many cases, the clauses of a contract are simply common-sense statements included in the legal paperwork. Speak with your attorney and loan officer; they’ll help make sure you understand everything you’re signing!


