Continued from page 1
Third, we now discuss
U.S. Constitution almost daily and how it might apply to current events in Washington. The Fifth Amendment, in words everyone can understand, plainly says that
government cannot take your property without just compensation. And that's exactly what rent control is -- a "taking" that arbitrarily deprives landlords from receiving income they would properly earn in a free marketplace.
The good news is that more and more states are prohibiting rent control. There's more work to do, but at least we're heading in
right direction.
Question Of The Week
Q We have been advised that a land contract can be used to avoid
due-on-sale clause for an existing mortgage. Is this correct?
A This is a debatable issue.
Most loans today contain a "due on sale" clause which provides that a lender may call a loan under certain conditions such as an ownership change. This clause prevents loans from being assumed by borrowers unknown and not qualified by lenders.
A "land contract" is an installment sale where title is not transferred until some or all payments are made.
Some attorneys -- and certainly most lenders -- argue that a land contract can set off a due-on-sale clause because
borrower has given up possession of
property and
right to future appreciation.
Others say that until there is a transfer of title lenders cannot accelerate loans when a property is purchased with a land contract.
There is also
practical issue that if a loan has a sufficiently high interest level and payments are timely and complete, a lender may not want to call a loan even if it has
right to do so.
The view here is that one should not suppose an installment sale can prevent a lender from calling a loan. Land contract rules differ by state, not all loan agreements have
same terms, different conditions may apply to FHA and VA financing, and being wrong could be costly and terribly inconvenient. Before signing anything, please speak with an attorney in
state where
property is located.
Weekly Resource
One of
best sites online for legal information is Findlaw. In addition to a variety of useful features, Findlaw offers an excellent review of
anti-trust allegations facing Microsoft, including an extensive link collection.

Since 1989 dan the roommate man has helped 1000's of people find roommates. Need help? Contact him at 800-487-8050 or www.roommateexpress.com