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will someone explain why the standard lease/option agreement violates the due on sale clause in loans?

Public Comments

  1. don't think it does, the due on sale clause allows the lender to call in the loan at any time, if you have an option contract, it could be considered a purchase if it exceeds the length of time in your state(around 3yrs), if it's a lease only, this is not in effect.
  2. Who says it does? I'm a Realtor and investor. I do lease option sales often and this has never been a problem for me. "Due on sale" clauses typically mean the lender reserves the right to call the loan due when a sale of that property is made. Typically that would involve a new owner and a new warranty deed. A lease/option arrangement doesn't become a sale unless the tenant actually exercises his option and buys the property. At that time any existing loans the former owner has would be paid off.
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