[WSBARP] due on sale?

[Joseph McIntosh]

They've been enforced in recent case law.  See e.g. Centrum Fin. Servs., Inc. v. Union Bank, NA, 1 Wn. App. 2d 749, 764 (2017).

If my buyer was going to assume payment of the mortgage debt, I would want him to apply to the lender for loan assumption.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Monday, September 21, 2020 8:25 AM
To: Real Property Listserve <wsbarp at lists.wsbarppt.com>; Business Law Section <business-law-section at list.wsba.org>
Subject: [WSBARP] due on sale?

What is the current take on the enforceability of 'due on sale' clause in ordinary DOT?  Unrelated buyer and seller, no death involved.



Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>

.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200921/3c2803bb/attachment.html>