Enforcement of Due on Sale Clause & Due-On-Encumbrance Clause

Due-on-Sale Clause

The Due-on-Sale clause contained in most mortgages provides that if the property secured by the mortgage is sold to a third party without the lender's consent, the lender has the right to demand full payment of the loan. Lenders require this so that any prospective purchaser will feel compelled to submit a complete application to them, in order to avoid the risk of a foreclosure based upon the default of failing to obtain the lender’s consent. The application will contain the purchaser’s employment, income and all other information the lender would obtain if the purchaser was applying for a new loan. If the bank is satisfied with the creditworthiness of the purchaser, they will consent to the sale. 

By |2020-08-29T15:08:10+00:00June 1st, 2015|Debt Collection, Real Estate|0 Comments

Fair Debt Collection Practices Act (FDCPA) – Debt Collector Rules and Regulations

The Fair Debt Collection Practices Act (FDCPA), codified in 15 USC, section 1692, is a federal statute which was enacted to protect consumers from abusive, unfair or deceptive practices by debt collectors.

By |2020-08-29T15:22:10+00:00January 14th, 2015|Debt Collection|0 Comments
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