Real Estate Financial Planner™

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Real Estate Financial Planner™
The Guru Trick to “Beat” the Due on Sale Clause (and Why It Can Backfire)

The Guru Trick to “Beat” the Due on Sale Clause (and Why It Can Backfire)

Using a trust to “hide” transfers isn’t as clever as they want you to believe.

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James Orr
Jun 01, 2025
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Real Estate Financial Planner™
Real Estate Financial Planner™
The Guru Trick to “Beat” the Due on Sale Clause (and Why It Can Backfire)
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Here’s how the guru script goes:

“Don’t worry about the Due on Sale Clause. Just transfer your property into a trust. The bank can’t do anything about it.”

It sounds smart.
Even has a sprinkle of truth.

But let’s break it down.

Yes, the Garn-St. Germain Act gives protections for inter-vivos trusts (living trusts) when you transfer property for estate plannin…

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