ACCELERATION OF DEBT
Without evidence of an intent to accelerate, merely recording a notice of trustee’s sale does not accelerate a debt.
Bridges v. Nationstar Mortgage LLC, 1 CA-CV 19-0556, 1/14/21., A note and deed of trust contained an acceleration clause granting the lender the power to accelerate the debt upon the borrower’s default. When a creditor has the power to accelerate a debt, the six-year statute of limitations begins to run on the date the creditor exercises that power. To exercise its option to accelerate a debt, the creditor must undertake some affirmative act to make clear to the debtor it has accelerated the obligation. Merely recording a notice of trustee’s sale, without reference to acceleration, is insufficient notice and does not trigger the statute of limitations.
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