A dueāonāsale clause is a mortgage provision that may allow a lender to accelerate a loan when the property (or an interest in it) is transferred without consent. This hub collects my posts on the doctrineādefinitions, enforceability, federal limits, and key authoritiesāso each question can be answered with one focused page. (Entries without links are forthcoming.)
- What Is a DueāonāSale Clause?
- Where Are DueāonāSale Clauses Found?
- Are DueāonāSale Clauses Enforceable?
- Why DueāonāSale Clauses Matter
- What Counts as a āTransferā Under a DueāonāSale Clause?
- Federal Statute Governing DueāonāSale Clauses
- Do DueāonāSale Clauses Apply Even If Payments Are Current
- Can a Lender Waive a DueāonāSale Clause
- Do DueāonāSale Clauses Apply to Investment Property
- Are DueāonāSale Clauses the Same as ChangeāofāControl Clauses
- Why DueāonāSale Clauses Are Treated Differently Under Federal Law
- What Problems the GarnāSt Getmain Act Was Designed to Solve
- Why the GarnāSt Germain Act Applies Only to Real Property Loans
- Why the GarnāSt Germain Act Does Not Protect All Property Transfers
- Why Transfers to LLCs Are Usually Not Protected by the GarnāSt Germain Act
- Why Lenders Sometimes Do Not Enforce DueāonāSale Clauses
- Why NonāEnforcement of a DueāonāSale Clause Does Not Create Legal Protection
- Why Relying on Lender Silence Is a Risky Strategy
- When Written Lender Consent Actually Matters
- What Written Lender Consent Usually Does ā and Does Not ā Accomplish
- Why DueāonāSale Analysis Is Always TransactionāSpecific
- Why General Advice About DueāonāSale Clauses Is Often Wrong
- What DueāonāSale Clauses Ultimately Control
- Why DueāonāSale Clauses Create More Risk Than Most Borrowers
- What Borrowers Commonly Get Wrong About DueāonāSale Clauses
- Why DueāonāSale Clauses Reward Precision, Not Assumptions
- The One Question Every DueāonāSale Analysis Must Answer
- What DueāonāSale Clauses Do Not Care About
- 12 CFR § 191.5
- Transfer of Corporate Stock Is a Transfer of Real Property for DueāonāSale Purposes
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
Leave a Comment