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Due-on-Sale Clause – Understanding Land Trusts

Due on Sale Clause – Understanding Land TrustsThis article is Part 3 of a four-part series on Land Trusts.  You can find Part 1 here: Understanding Land Trusts

Now you may be asking — how is the land trust going to help me with my lender?

The answer lies in why the land trust was created, and why it’s perfectly legal. It’s basically a compromise between two opposing forces.  On one side is the bank which is interested in generating income from loans and at the same time protecting itself through a security interest in real property — on the other side is the borrower (real property owner) who desires to transfer title to his property without fear of foreclosure or forced refinancing.  The bank acts as the protagonist by incorporating a “due-on-sale clause” into most, if not all, mortgages its writes.


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