Yes, due‑on‑sale clauses are generally enforceable under federal law.
The Garn–St. Germain Depository Institutions Act, codified at 12 U.S.C. § 1701j‑3, authorizes lenders to enforce these clauses when a borrower transfers real property without approval, subject to limited statutory exceptions.
For related posts and primary authority, see: Due‑on‑Sale Clause.
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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