Defaulting on loan contract instalments: whenever does a creditor’s claim prescribe?

Defaulting on loan contract instalments: whenever does a creditor’s claim prescribe?

Acceleration clauses can be found in loan agreements that need debtors to produce payment in instalments. an acceleration that is standard provides that if a debtor fails to spend an instalment, the creditor may elect to end the mortgage contract and need payment associated with the complete amount owing beneath the agreement.

Issue of prescription when you look at the context of acceleration clauses arose recently within the Supreme Court of Appeal (“SCA”) within the full situation of Standard Bank of Southern Africa Ltd v Miracle Mile Investments 67 (Pty) Ltd and Another 2016 3 All SA 487 (SCA). In specific, the SCA ended up being confronted with this concern: does prescription regarding the complete quantity advanced level commence operating if the creditor elects to enforce the acceleration clause or if the debtor defaults on re re re payment of an instalment?

The Standard Bank of South Africa (“the bank”), advanced a line of credit to an individual debtor to a maximum value of approximately R14-million in this case, in 2005, the creditor. The participants, two organizations, endured surety for the major financial obligation and permitted the enrollment of particular home loan bonds over their immovable properties, as safety when it comes to debt that is principal. Continue reading “Defaulting on loan contract instalments: whenever does a creditor’s claim prescribe?”