Author: ft Editorial Staff

Covers: Negotiating a limitation or waiver of the existing mortgage holder’s due-on rights; Valuable consideration paid in exchange for a mortgage holder’s waiver; A mortgage holder’s waiver of their right to enforce the due-on clause by their conduct.

Covers: Avoiding due-on enforcement on the death of an owner of a one-to-four unit residential property encumbered by an owner-occupant consumer-purpose mortgage; Due-on divorce and inter-family transfer exceptions

Covers: Triggering the due-on clause on a further encumbrance of a property, and a senior mortgage holder’s call of the mortgage on completion of a foreclosure sale by a junior lienholder.