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.
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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