.) -- including a lien on the stock of a cooperative housing corporation (a “co-op”) -- no lender can enforce its due-on-sale clause due to any of the following prevalent circumstances:(1) The creation of a lien (or other encumbrance subordinate to the lender's security instrument) that 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 would become owners of the property;(7) A transfer resulting from a decree of 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 of the borrower’s property into an inter vivos trust in which the borrower is and remains a beneficiary and which [trust agreement] 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.

Just like being in a band, don't try to play all instruments.

Bank recently told him that it plans to mail him soon a Settlement in Lieu of Deed (essentially, an instrument of consensual repossession) to get him out, which would be executed sometime in early 2014.Despite making a good salary, he despairs of ever being able to get out from under the property and just wants out.

If you've found good 'instruments' for trading (like an option on a REIT or on the Schiller home index), please chime in.

That would be the cleanest way to handle this and not mess with any of the wrap idea.Terms of the debt are only found in the Note, there are no debt terms in the Mortgage, Deed of Trust or Security Deed ("security instrument").

What is the instrument that binds you,such as your operating agreement or partnership agreement or subscription documents say about redemption?

The investor who recorded a security instrument received his interest payments during the term of the loan at 12%.

No note or mortgage instrument I've ever read contains such a provision.

IMO, a BPO is not the proper value instrument in this type of situation (construction/rehab loan financing).

I use a Texas Instruments BA II Plus hand calculator.