Here are exemptions to Due on Sale(d) Exemption of specified transfers or dispositions With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units, including a lien on the stock allocated to a dwelling unit in a cooperative housing corporation, or on a residential manufactured home, a lender may not exercise its option pursuant to a due-on-sale clause upon— (1) the creation of a lien or other encumbrance subordinate to the lender’s security instrument which does not relate to a transfer of rights of occupancy in the property; (2) the creation of a purchase money security interest for household appliances; (3) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (4) the granting of a leasehold interest of three years or less not containing an option to purchase; (5) a transfer to a relative resulting from the death of a borrower; (6) a transfer where the spouse or children of the borrower become an owner of the property; (7) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property; (8) a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property; or (9) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board.

Were there a CPA who had passed the Tax Court Examination, they could probably speak to the basic current treatment of the Tax Court, but would be hard pressed to make predictions about Tax Court treatment.

There have been a few pundits predicting a major real estate crash in the next few years.

I know the right thing to do is to upgrade the system, but I'm predicting that this could be one of a number of points to be raised during negotiating, and if I say "I'm going to have to install hard-wired smoke detectors with interconnection between units" I want to make sure I'm right.

The Mortgagee has the ability to accept or reject insurance in most cases through the language in the security instrument.  

Even so, it does look like most of the increase in rentals is likely to be permanent, particularly in light of the fact that no economist or housing expect I know is predicting a return to the pattern of development and growth seen during much of the past few decades.and the biggest takeaway I have from this work, is that in growing, popular areas like Portland, even if the market shifts back toward ownership somewhat, overall demand will increase for both [ownership and rentals].

BP had been incredibly instrumental in helping me decide what I want to do as far as real estate.

I've been waiting for a year for the Houston doom and gloom predictions to come true.

Effective Date: 10-06-1980 5313.09 Instrument of cancellation of land contract.A judgment for the vendor shall operate to cancel the land installment contract as of a date to be specified by the court.

Once you have sold the property the owner carry becomes a debt instrument and is not eligible for a 1031 exchange on it's own.However there is a way to still combine the owner carry note with a 1031 exchange.