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Key Takeaways. Most mortgages have a due-on-sale clause, which gives the lender the right to ask for payment in full if the owner sells the home without paying the loan off. Unless prohibited by federal law, the lender can call in the loan any time it feels that it is in it's best interest to do so.
Due-On-Sale Clause FAQs Do all mortgages have a due-on-sale clause?: Although the majority of mortgages contain due-on-sale clauses, there are still some mortgages that are assumable. Such mortgages include VA, FHA and USDA loans.
onsale clause can be triggered any time the ownership of a property changes, at the discretion of the seller. The main exceptions relate to property transfers between spouses, inheritance, or to living trusts where the beneficiary is the borrower.
Germain Depository Institutions Act, a section of which made due-on-sale clauses federally enforceable. A due-on-sale clause is a provision in a loan or promissory note that enables lenders to demand that the remaining balance of a mortgage be repaid in full in the event that a property is sold or transferred.
Due-On-Sale Clause ExceptionsWhen a lien does not relate to the transfer of rights of occupancy.When a leasehold interest does not contain an option to purchase and it's been three years or fewer.When the borrower is deceased, and the property is transferring to a relative.More items...
The due-on clause is triggered not only by a transfer using and recording a standard grant deed or quitclaim deed, but by any conveyance of legal or equitable ownership of real estate, whether or not it is recorded.
The seller transfers the property deed to the buyer when land contracts are paid in full. They complete the process by filing the necessary legal documents with the County Clerk and Recorder's Office in which the property is situated. The County Clerk will record the new ownership information.
Due-On-Sale Clause ExceptionsWhen a lien does not relate to the transfer of rights of occupancy.When a leasehold interest does not contain an option to purchase and it's been three years or fewer.When the borrower is deceased, and the property is transferring to a relative.More items...
Does a land contract have to be recorded? Recording the land contract itself is usually not a requirement for it to be valid and enforceable.
onsale clause can be triggered any time the ownership of a property changes, at the discretion of the seller. The main exceptions relate to property transfers between spouses, inheritance, or to living trusts where the beneficiary is the borrower.