Servicing Guide

Published September 9, 2020

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What situations must the servicer consider to be a transfer of ownership when enforcing the due-on-sale provision?

For purposes of enforcing the due-on-sale (or due-on-transfer) provision, if any, in the security instrument, the servicer must consider all of the following situations to be a transfer of ownership:  

  • the purchase of a property “subject to” the mortgage loan,

  • the assumption of the mortgage loan debt by the property purchaser,

  • any exchange of possession of property under a land sales contract or any other land trust device, and

  • in cases in which an inter vivos revocable trust is the borrower, any transfer of a beneficial interest in the trust.

See below for related Q&A's:

What actions must be taken if the servicer learns after the fact that a transfer has occurred?

For more information please see: D1-4.1-01, Determining Whether a Transfer of Ownership Is Permitted

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