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Latest video published 9/3/2019
- Conflicts of interest in real estate transactions
Covers: Competing professional or personal biases which hinder a licensee’s ability to fulfill the fiduciary duties owed to their client; Disclosure of an acquisition of any direct or indirect interest in the property.
- Waiver by Negotiation or by Conduct
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.
- Unstable economic signals hold down new construction; Monthly Statistical Update (October 2023)
Job growth stalls; The stock market, in disregard of reality; Construction struggles to take off despite need for more housing
- Due-on-Death, Divorce, and Inter-Family Transfer Exceptions
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
- Due-on-Further Encumbrance and Foreclosure
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.
- Due-on Assignment or Modification of a Lease
Covers: Triggering the due-on clause on a lease assignment or modification which extends the lease term beyond three years, or grants the tenant a purchase option; Triggered on a lease novation.
- Due-on-Lease Trust Deed Provision
Covers: Triggering the due-on clause in a trust deed on entry into a lease with a term over three years, or a lease for any term coupled with an option to buy.
- 2023’s real estate market trends influence all participants; Monthly Statistical Update (September 2023)
2023’s downturn still undeclared; Despite year-over improvement, buyer purchasing power remains low; Saving rates creep higher as consumers rein in spending
- Triggered by Any Transfer of Any Legal or Equitable Ownership Interest in the Security
Covers: The sale of a property as the primary event triggering the mortgage holder’s exercise of the due-on clause; Triggered by any method for transfer of any legal or equitable ownership in the real estate interest encumbered by a trust deed.
- Mortgage Holder Interference in Transactions when Interest Rates Rise
Covers: The due-on clause as the single greatest burden on the use and mobility of commercially available title for ownership of property rights; Prevalence of the due-on clause in periods of economic recession and recovery; Rising rates bring lender interference.
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