What is a due on sale clause?
A due on sale clause is a common clause in real estate law in California that states that when a property is sold, the outstanding mortgage balance must be paid in full to the lender or bank at the time of sale. This clause is typically included in a mortgage contract and allows the lender to demand the full payment of the mortgage balance by the seller if they are selling the property. This is beneficial to the lender, as they will get the remaining balance of the loan right away, instead of waiting for the remaining payments. It also helps to keep the property secure and ensure that the lender has the right to the property until the loan is paid off. For the buyer, this clause can help to ensure that the loan is up-to-date and the property is free and clear of any debt. In California, this clause is legally binding and must be considered before any sale of a property.
Related FAQs
What is real estate law?What are the duties of a closing agent?
What is a boundary line dispute?
What are the disclosure requirements when renting out a vacation home?
What is a mortgage loan?
What types of taxes will I have to pay when I buy or sell real estate?
What is a due on sale clause?
What is a purchase agreement?
What are the laws governing the leasing of real estate?
What are the laws governing environmental issues in real estate?
Related Blog Posts
What Are the Foundational Elements of Real Estate Law? - July 31, 2023A Comprehensive Guide to Commercial Real Estate Laws - August 7, 2023
What You Should Know About Real Estate Zoning Laws - August 14, 2023
How to Overcome Legal Obstacles When Buying Real Estate - August 21, 2023
Navigating the Legal Side of Property Development - August 28, 2023