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Senior lender can enforce its due-on-sale rights against a junior REO owner...In Reply to: Re: Senior lender can enforce its due-on-sale rights... posted by TB - CA on August 07, 2004 at 9:01 AM
: ~~~~~~~~~~~~~~~~ TB, Yes, it has been settled that the 1st can call their loan due if there's a non-consented transfer in the ownership of the property--even if the new owner is a previous junior lienor who got the title to the property via his foreclosure auction as an REO. When a junior lienor takes title to property as an REO he's at the mercy of the 1st if the 1st insists on being paid off.
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