Working around a 'Due on Sale' clause in a Contract for Deed
Good Afternoon,
I'm hoping I can pick some of your intelligent brains on an issue surrounding a Contract for Deed I am currently negotiating. The owner of the property currently has a 1st and 2nd mortgage, and I will just be doing a wrap-around (I pay him, he pays the bank). However, the primary mortgage has a 'due on sale' clause and I don't really want to get stuck in a situation where the bank calls the loan. Additionally, It might be a bit unethical to keep the bank in the dark on this matter.
My thought is that the only other option besides hoping the bank doesn't care, is to talk with the bank about doing an mortgage assumption.
Has anyone dealt with a similar situation in the past? Is there any way to 'skirt around' the 'due on sale' clause? Or put language in the purchase agreement that will protect myself as the buyer?
Any creative options or thoughts are welcome! Thanks in advance.
Kent