Limited Durable Power of Attorney

2 Replies

When purchasing property with a lease option and the intention of creating a sandwich lease option, or purchasing "Subject To" and agreeing to make the owners mortgage payments in both scenarios, would limited durable power of attorney get around the "Due on sale" clause and make a future closing easier?

Hi @William Henze and welcome to BiggerPockets!

For subject-to transactions, the POA won't get around the "due on sale" clause, but it will help you do very important things like cash escrow refund checks and insurance claim checks, and other borrower-centric activities.

Originally posted by @Mitch Messer :

Hi @William Henze and welcome to BiggerPockets!

For subject-to transactions, the POA won't get around the "due on sale" clause, but it will help you do very important things like cash escrow refund checks and insurance claim checks, and other borrower-centric activities.

 Thank you for the welcome and your reply. That is helpful as I never thought about those other benefits!