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Default clauses to know

What triggers a default, beyond a missed payment.

Guide 53 / 541 min read
Key points
A late payment
Unpaid municipal taxes
Cancelled fire insurance

Common triggers

  • A late payment
  • Unpaid municipal taxes
  • Cancelled fire insurance
  • A property left without upkeep
  • New debt registered without consent
  • Financial statements not filed on time

What follows a default

The lender can demand full repayment. Read the cure period set in the contract.

Cross-default

A default on one loan can trigger defaults on the others.

This clause is common when several properties are financed together.

The cure period

Most contracts allow a few days to correct a default.

It ranges from five to thirty days. Read it before you need it.

What to do if trouble comes

Tell the lender before the default. A negotiated arrangement costs less than enforcement.

Ongoing obligations

  • Filing financial statements each year
  • Keeping insurance in force
  • Paying taxes when due
  • Maintaining the property in good condition
  • Telling the lender about a significant change

These obligations last the full term, not just the first year.

Re-reading the contract each year

Obligations are quickly forgotten once the loan is in place.

An annual re-read takes an hour and avoids an unintended default.

Put document deadlines in your calendar.

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