Acceleration Notices - Whether Holder of a Note Gave Proper Notice to Maker of Holder's Intent to Accelerate

In the case of Mathis v. DCR Mortg. III Sub I, L.L.C.,1 the El Paso Court of Appeals shed light on the particularities involved in creating a valid waiver of notice of the holder’s intent to accelerate and notice of acceleration.2 The language in the note was a clear and unequivocal waiver of both, but the deed of trust required notice of default and a cure period. The court held that the documents read together were ambiguous, so the waivers were ineffective and so was the acceleration. The El Paso Court of Appeals’ opinion is significant because it addresses the issue concerning the risk of inconsistent document language on waivers of notice and intent  to accelerate and of notice of acceleration.

Read the case note in Related Content, below.  Read the full case HERE.