In general, an exculpatory clause is a clause that eliminates a partys liability for damages caused by a breach of contract. A common type of exculpatory clause involves limiting liability on a loan to the collateral. In other words, if there is a default, the contract says that the damages will be limited to execution on the collateral (i.e., foreclosure on the property covered by the mortgage or deed of trust).
District of Columbia Exculpatory Clause or Nonrecourse Provision in Mortgage regarding Deficiency Judgment
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How to fill out Exculpatory Clause Or Nonrecourse Provision In Mortgage Regarding Deficiency Judgment?
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FAQ
In return for the lender having the power to sell the property, the Power of Sale clause protects the borrower by stating that when the lender sells the property, the lender may not hold the borrower liable for any cost not covered by the sale unless the lender is able to obtain a deficiency judgment in their favor, ...
A nonrecourse debt (loan) does not allow the lender to pursue anything other than the collateral. For example, if a borrower defaults on a nonrecourse home loan, the bank can only foreclose on the home. The bank generally cannot take further legal action to collect the money owed on the debt.
(B) Qualified nonrecourse financing For purposes of this paragraph, the term ?qualified nonrecourse financing? means any financing? (i) which is borrowed by the taxpayer with respect to the activity of holding real property, (ii) which is borrowed by the taxpayer from a qualified person or represents a loan from any ...
§ 42?816. Sale of property ? Deficiency judgments; limitations thereon; relief in suit to enforce vendor's lien.
Most commercial mortgage loans are structured as nonrecourse loans. An exculpation clause in the loan agreement, mortgage, or note provides that: The borrower has no personal liability for the loan. The borrower's liability is limited to the value of the collateral for the loan (in most cases, the real property).
If your lender sells your home for less than what you still owed on your loan, a local court might file a legal action known as a deficiency judgment against you. In many states, lenders must first file a lawsuit to get a deficiency judgment.
Conventional mortgage and automobile loans are typically recourse loans. Non-recourse loans are generally found in many commercial real estate transactions.
Nonrecourse refers to a type of debt where the creditor may only look to the collateral to satisfy the unpaid loan, and not the debtor's personal assets (as with a recourse loan).
