What does a due on encumbrance clause generally relate to?

Get more with Examzify Plus

Remove ads, unlock favorites, save progress, and access premium tools across devices.

FavoritesSave progressAd-free
From $9.99Learn more

Prepare for the Real Estate Transactions Exam with study materials and multiple choice questions with comprehensive explanations. Enhance your real estate knowledge and boost your confidence for exam day!

A due on encumbrance clause primarily relates to commercial mortgages. This clause is a provision in a loan agreement that allows the lender to demand full repayment of the loan if the borrower places additional encumbrances (such as subordinate loans or liens) on the property securing the mortgage without the lender's consent.

In commercial real estate transactions, such clauses are more common because lenders want to maintain control over the risk associated with the property and ensure that their investment remains secure without additional layers of debt. The commercial real estate market often involves larger sums of money and riskier investments, so lenders are particularly vigilant about potential changes in the borrower's financial obligations that could jeopardize their position.

In contrast, while due on encumbrance clauses can appear in residential mortgages, they are typically more prevalent in commercial lending due to the complexities and variations in commercial properties and financing arrangements. Therefore, the focus on commercial mortgages makes this answer the best fit for the question regarding the due on encumbrance clause.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy