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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 48. Liens and Mortgages § 48-7-20. Limitation of exercise of all due-on-sale options - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-48-liens-and-mortgages/nm-st-sect-48-7-20/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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