What Does It Mean to Call In a Loan?
Demystify loan recalls. Learn the circumstances under which lenders demand immediate repayment and what steps borrowers can take.
Demystify loan recalls. Learn the circumstances under which lenders demand immediate repayment and what steps borrowers can take.
Calling in a loan refers to a lender’s decision to demand immediate repayment of the entire outstanding balance, even if the original repayment schedule has not yet concluded. This action shifts the loan from its regular installment plan to an immediate, full repayment obligation. The right for a lender to call a loan is typically stipulated within specific terms and conditions outlined in the loan agreement signed by both parties.
Loans that can be called by a lender generally fall into two main categories: demand loans and term loans with specific call provisions. Demand loans are characterized by the lender’s inherent right to request full or partial repayment at any time, often with limited or no prior notice. These loans typically do not have a fixed maturity date or a predetermined repayment schedule, offering flexibility for both the borrower and the lender. Examples can include certain business lines of credit or even informal loans between individuals that are structured without a set repayment timeline.
In contrast, term loans, which usually have a fixed repayment schedule over a specified period, can also include “call provisions” or “acceleration clauses” within their agreements. These clauses detail the precise conditions under which the lender can demand full repayment before the loan’s original term ends. The enforceability of a lender’s right to call a loan is directly tied to the language and stipulations contained within the loan agreement itself. This means that while a borrower might be consistently making payments on a term loan, certain events or changes, as defined in the contract, could still trigger a demand for immediate repayment.
Several events or conditions detailed in a loan agreement can trigger a lender to call a loan. A common trigger is a breach of the loan agreement terms, which can include failing to make timely payments, violating financial or operational covenants, or providing false information during the loan application or ongoing reporting. For instance, a mortgage agreement might be breached if the borrower neglects property upkeep, impacting the property’s value as collateral.
Another trigger is a Material Adverse Change (MAC) clause, which allows the lender to call the loan if there is a substantial negative shift in the borrower’s financial condition or ability to repay. While subjective, it is a standard provision designed to protect the lender from unforeseen deteriorations in the borrower’s circumstances. Additionally, a cross-default clause can lead to a loan recall. This provision stipulates that a default on one loan, even with a different lender, can trigger a default and call on another loan. Lastly, for secured loans, the unapproved sale of assets or a significant change in business ownership can also constitute a breach, allowing the lender to call the loan.
When a loan is called, the borrower faces an immediate demand for the full outstanding balance, along with any accrued interest and fees. If unable to meet this demand, the borrower defaults. This can severely damage their credit score and credit report, making it difficult to obtain new credit. A loan default can cause a credit score to drop by over 100 points, and the negative mark remains on a credit report for seven years from the first missed payment.
For secured loans, where assets like real estate or vehicles are pledged as collateral, the lender can seize and sell these assets to recover funds. This includes foreclosure for real estate or repossession for other collateral. For unsecured loans, where no collateral backs the debt, the lender may pursue legal action to obtain a court judgment. This can lead to wage garnishment, bank account levies, or the seizure of other assets to satisfy the debt.
Upon receiving a loan recall notice, borrowers should review their original loan agreement to understand the terms that permitted the recall and the lender’s rights. This clarifies the basis of the recall and potential avenues for discussion. Opening a direct dialogue with the lender is important. Lenders may be open to negotiating a new repayment plan, offering temporary forbearance, or exploring other solutions to avoid further collection.
Refinancing the called loan with a different lender can provide a way to repay the original debt and avoid default consequences. However, securing new financing might be challenging. Understanding the implications of an inability to repay, such as asset seizure, legal judgments, and long-term credit damage, underscores the importance of prompt action. Seeking guidance from a financial advisor or a non-profit credit counseling agency can provide assistance in assessing the situation, understanding options, and developing a financial plan.