Due-on-Sale Clause

A due‑on‑sale 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 doctrine—definitions, enforceability, federal limits, and key authorities—so each question can be answered with one focused page. (Entries without links are forthcoming.)

• What Is a Due‑on‑Sale Clause?
• Where Are Due‑on‑Sale Clauses Found?
• Are Due‑on‑Sale Clauses Enforceable?
• Why Due‑on‑Sale Clauses Matter

• What Counts as a “Transfer” Under a Due‑on‑Sale Clause?

• Example of a Due‑on‑Sale Clause

• Federal Statute Governing Due‐on‐Sale Clauses
• Do Due‐on‐Sale Clauses Apply Even If Payments Are Current
• Can a Lender Waive a Due‐on‐Sale Clause
• Do Due‐on‐Sale Clauses Apply to Investment Property
• Are Due‐on‐Sale Clauses the Same as Change‐of‐Control Clauses
• Why Due‑on‑Sale Clauses Are Treated Differently Under Federal Law
• What Problems the Garn–St Getmain Act Was Designed to Solve
• Why the Garn–St Germain Act Applies Only to Real Property Loans
• Why the Garn–St Germain Act Does Not Protect All Property Transfers
• Why Transfers to LLCs Are Usually Not Protected by the Garn–St Germain Act
• Why Lenders Sometimes Do Not Enforce Due‐on‐Sale Clauses
• Why Non‐Enforcement of a Due‐on‐Sale 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 — and Does Not — Accomplish
• Why Due‐on‐Sale Analysis Is Always Transaction‐Specific
• Why General Advice About Due‐on‐Sale Clauses Is Often Wrong
• What Due‐on‐Sale Clauses Ultimately Control
• Why Due‐on‐Sale Clauses Create More Risk Than Most Borrowers
• What Borrowers Commonly Get Wrong About Due‐on‐Sale Clauses
• Why Due‐on‐Sale Clauses Reward Precision, Not Assumptions
• The One Question Every Due‐on‐Sale Analysis Must Answer
• What Due‐on‐Sale Clauses Do Not Care About
• 12 CFR § 191.5

• United States v. Med O Farm, Inc. (9th Cir. 1983)

• Transfer of Corporate Stock Is a Transfer of Real Property for Due‑on‑Sale Purposes