Due-on-sale Clause - How to avoid?
The due-on-sale clause gives the right to the banks to call the loan, not the obligation.
Banks usually do not have the resources to keep asking for deed ownership updates from all counties across the nation.
Banks will not enter into a foreclosure process if the payments to the mortgage have been faithfully made on time and are up to date, by a licensed servicing company.
In the event of a foreclosure process, Raúl can contact the bank and find out what is required to stop the foreclosure process. All banks have different processes. For example, one bank that Raúl's trainers have dealt with asked for the deed to be transferred over again to the original owner, a lease agreement needed to be drafted between the buyer and seller for 2-3 months and shown to the bank, and then the deed could be transferred over again. This is just a quirk of this particular small bank. Other options include entering into a leasing agreement, buying the property outright and reselling it to somebody else, entering into an executory contract, etc. See the concerns section.