Buying Off Market or directly from sellers on the MLS
What works best for making money when buying real estate? Bank Loan - Hard Money or Creative financing?
Does Creative Financing work? Can you buy a $400,000 property for $25,000 down and take over a 4% interest loan with Creative financing? Should you use a Living Trust?
The statement "when a owner transfers their deed into a living trust " the loan is not called is correct, but the Due On Sale may be called if that Trust changes hands or if a beneficial interest is anticipated for the future – it's an "or" (either one) not an "and" which would require "both". In fact the DOS has been tightened to include other conditions as well - here is an actual DOS clause –
17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section "Interest in the Property" means any legal or beneficial interest in the property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
end of DOS
Yes, a bank has a right to call a loan due that was not originated by the new owner. The loan is pledged against the property. It is security for the bank. If the bank thinks their loan is at risk of being defaulted, for whatever reason, they may call the loan due. If the risk department thinks the bank has too much risk out there, they may call in every questionable loan and sort it out later.
You may already know, but so many people do not, the loan and the warranty deed (ownership) are two entirely different things.
The safest way to protect your interest in a property is to "record the deed loudly and notoriously".
Protect your interests.
It also alerts you to future issues that affect the property that the seller can cause. Unless you do things correctly you lose the right to collect on insurance claims.
And the list goes on.