Updated about 8 years ago on . Most recent reply
Renting to own triggering a due on sale clause
I have lived in my current home since 2010 (I have a mortgage with Wells Fargo-the loan was sold to them) but am looking at another house to move into. I wanted to rent my current home and considered offering a rent to own option; however, I now have some concerns about doing so. I found the information below and wanted to get some feedback on it. Thanks! My interest rate is really good but the value of the house has dropped some so selling isn't the best option right now.
Lease options
Many gurus say you can get around the due-on-sale clause by doing a lease option instead of a sale. Wrong. Subparagraph (d) of the longer clause covered that. Now you have to look at the law itself [§1701j-3(d)(4)] to learn that the due-on-sale clause is triggered by any lease longer than three years. And it's triggered by any lease that contains an option to purchase the property, regardless of the length of the lease.
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@Kristen Moore - To anyone civilized, it didn't sound at all like you were giving legal advice. Someone was just so eager to be rude that they didn't bother to read what you, actually, wrote.