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 Comparison definition. A 'due-on-lease' acceleration demands more scrutiny than other kinds of 'default' acceleration. A breach in insurance provisions more clearly jeopardizes the security. A default in payment more directly raises doubts about future full payment. Unlike a lease, a sale of the property transfers title of the collateral to new owners, non-signators to the security agreement and unknown to and unapproved by the creditor. The differences between 'due-on-sale' and 'due-on-lease' clauses has been extensively discussed by the California Supreme Court in the context of real property transactions and the doctrine of restraint on alienation. Wellenkamp v. Bank of America, 21 Cal.3d 943, 148 Cal.Rptr. 379, 582 P.2d 970 (1978); Tucker v. Lassen Savings & Loan Association, 12 Cal.3d 629, 116 Cal.Rptr. 633, 526 P.2d 1169 (1974); LaSala v. American Savings & Loan Co., 5 Cal.3d 864, 97 Cal.Rptr. 849, 489 P.2d 1113 (1971). See also Medovoi v. American Savings & Loan Association, 89 Cal.App.3d 244, 152 Cal.Rptr. 572 (1979). 


Many other states have scrutinized enforcement of 'due-on-lease' and 'due-on-sale' clauses in mortgage agreements and have held that equity prohibits acceleration on a technical breach without a finding of security impairment. See Continental Federal ...

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