A lender may not exercise its option pursuant to a due-on-sale clause upon:
A. the creation of a lien or other encumbrance subordinate to the lender's security instrument which does not relate to a transfer of rights of occupancy in the property;
B. the creation of a purchase money security interest for household appliances;
C. a transfer by devise, descent or operation of law on the death of a joint tenant or tenant by the entirety;
D. the granting of a leasehold interest of three years or less not containing an option to purchase;
E. a transfer to a relative resulting from the death of a borrower;
F. a transfer where the spouse or children of the borrower become an owner of the property;
G. a transfer resulting from a decree of a dissolution of marriage, legal separation agreement or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property; or
H. a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property.
History: Laws 1983, ch. 314, § 6.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — What transfers justify acceleration under "due-on-sale" clause of real estate mortgage, 22 A.L.R.4th 1266.