Quote from @Pace Jordan Morby:
We have had the due on sale clause called 4 times this month... but knowing your way around it is crucial. Either A: revert to a lease option with the option price being the mortgage balance when the option is executed... or B: Use an executory contract instead of SubTo. Land Contract. Contract for Deed. Agreement for Sale etc. I talk about this on my youtube channel.
Wouldn't the downside of doing any of those things be that if the existing owner gets any liens or judgments, they will still attach to the property? If so that's a big additional risk for the buyer. Also I don't think it's that clear that any of these tactics would actually prevent the bank from enforcing the due on sale. For example according to this, it seems that transferring the title is not required for the DOS to be triggered:
http://law.justia.com/cfr/title12/12-5.0.1.1.54.0.83.2.html
From the bank definition of sale or transfer: "For purposes of this definition, a sale or transfer means the conveyance of real property of any right, title or interest therein, whether legal or equitable, whether voluntary or involuntary, by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three years, lease-option contract or any other method of conveyance of real property interests."
That reads to me very clearly that the granting of any legal or equitable interest in or to a property secured by a mortgage can trigger the DOS, which would include any lease option, land contract, contract for deed etc. as it clearly states in the defintion. I'm not a lawyer or anything, this is just coming from what I've learned on here, there are many valuable old threads about this topic on here like this one:
https://www.biggerpockets.com/forums/83/topics/86029-subject....
and this one:
https://www.biggerpockets.com/forums/311/topics/183825-due-o..
How is it working our for you in practice?
They/"US Bank" took a house from me that had never been behind or late. By the grace of GOD the tenant/buyers were wanting out, and they had never been late or missed a pyment. Took good care of the property as well.
I told them they could stay there at no charge till the bank evicted them and made them sign a hold harmless. Thank GOD I didn't get sued!
Oh I tried everything. Even my mentor at that time and this was 15 years ago, tried getting on the phone with them. He offered them several senarios like Pace talks about. They couldn't be reasoned with. They had no common sense what so ever. He had over 120 houses sub to at that time as well, and was in complete shock!!
I told them that it'd be over a year that they will miss this income/payments, plus added cost of attorneys, property management and selling fees.
Over a year later it finally sold and they lost their BUTT!!!
I will not touch another sub to EVER again. There is nothing like being able to sleep at night knowing I have title to my houses that I buy with cash or loans and no one can take them from me on a whelm. (long as loan is paid)
By the way, I had this house 2 years at the time and the loan was low interest for that time.
Don't say: it never happens, or it will never happen to me cause I have strategies around it! It can and WILL happen again.
I still get sick thinking about it.