Posted by JPiper on October 23, 1998 at 02:06:12:
Jean:
Selling via an AITD will trigger the due on sale clause.
One way to avoid detection would be to not record the deed or the AITD. However the buyer may feel unprotected if this is your route. One way I have done this in the past is to have the deed held by a 3rd party, payments collected from the buyer and distributed to the lender with the difference going to you. Finally recording a performance mortgage in favor of the buyer in the amount of his downpayment will give him a recorded interest which will provide some protection without alerting the lender.
Alternate methods which could be structured to accomplish the same thing would be to sell via land trust or lease option. Take a look at Bill Bronchick?s articles entitled ?How to Avoid the Due on Sale Clause?.
JPiper