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Updated about 1 year ago,

User Stats

81
Posts
46
Votes
Alex Ng
46
Votes |
81
Posts

Subject to Due on Sale Clause Risks

Alex Ng
Posted

I'm looking to purchase my first subject to deal. It's a great deal (sub 3% interest rate). I have been hearing so many mixed things about it that it is making me worried. I have had people tell me it is illegal and would trigger a due on sale clause. I've had people tell me that though it can trigger the clause, the reality of banking pulling due on sale clause is really low. I have  a family member in the lending industry tell me it is possible but I need to find out if the loan is assumable through the deed of trust. I was told that the banks would instantly know if the name on the title has changed and would call the loan. Can anyone shed light to me on how subject to works? Should I tell the bank and see if the loan is assumable? Should I just go for it and pray it does not trigger the clause? The bank has over 1,000 branch locations. The mortgage still has another 28 years to go. 

Are there any exit strategies to limit risk in case a due on sale clause is triggered? Would the property taxes change once the title has been transferred? Please help. I need to make my decision to close on this property in one day.

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