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Steven Mitchell
  • Investor
  • Akron, OH
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Explaining "due on sales clause"?

Steven Mitchell
  • Investor
  • Akron, OH
Posted Jan 10 2017, 18:45

Can someone explain what this means? I'm reading it in on of the BiggerPockets book and not really understanding what "due on sales clause means"

Thanks

Steve

Account Closed
  • Real Estate Agent
  • Las Vegas, NV
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Account Closed
  • Real Estate Agent
  • Las Vegas, NV
Replied Jan 10 2017, 18:49

It simply means that the loan or promissory note is payable in full on sale of property

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Michael Evans
  • Real Estate Consultant
  • Lancaster, CA
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Michael Evans
  • Real Estate Consultant
  • Lancaster, CA
Replied Jan 11 2017, 06:31

It means more than just that.  Technically, it means that if there is a transfer of title from yourself to an entity other than yourself, the mortgage company has the right call the balance of the loan or promissory note due immediately.  Doesn't mean that they will, but they can.  When you transfer title from yourself into a trust, they usually won't question it.  if they do you state it's for estate planning purposes.

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