There is no Due on Sale Police, the loan is serviced by a Servicer who is paid just a few dollars per month to service the loan. The money for the mortgage most often comes from a hedge fund type of investor or the Government, the Servicers concern is, is the loan preforming, is there insurance on the property and if the guy on the mortgage not creating any issues?
I have seen and heard many times over the years, "yea the Bank just wants to foreclose so they can reinvest that money in a higher interest loan" that is BS.
Let me ask you this, if you worked for a Servicer and you went to your boss and told them, "hey Boss I am going to foreclose on a bunch of preforming loans", how long do you this you would keep your job? How long do you think the Hedge fund is going to place more properties with that Servicer?
In my almost 20 years of doing Subject 2's and working with other investors in almost every State in the US, in the very few instances the Due on Sale is called it is because if the inexperience of the Investor in not knowing how the transaction is to be done, (not closing with a Title Company or Attorney, not doing the Insurance correctly)
Most of all, (not communicating with the seller) Bank calls the Seller to offer them Life Insurance or some other service, and the seller tells them, "I don't own that house any longer, some guy took that house from me and put some renter in it"
If you dig into any investor that tells you they had a property or a friend of their brother in laws Collage roommate that had the Due on Sale clause called, you will most likely find that the investor screwed up somewhere.
This is why Education and knowledge is needed on any Real Estate transaction.
I get calls almost everyday from someone who screwed up on a Subject 2 and is asking to be bailed out, many times they do not want to pay for help, and things just get worse.
If you know how to make the Bank Comfortable with the transaction, all is good.
Last year I had a couple of hedge fund managers call me asking how they can offer their under preforming loans to Investors to by Subject 2, wow what a great deal, I could call Pace and he would have buyers the same day for a 1,000 homes, but the legal aspect of this would hold the Hedge fund liable so we could not do a deal. If anyone here has any ideas how to make this happen, let me know and we will make a Million dollars in one day.
If the hedge fund has lets say 20% of their investments not preforming, and you were meeting with your Edward Jones guy, he will never suggest you invest in any under preforming fund.
So just remember to do the right thing and get an Education.