Land contracts and due on transfer clause
We are negotiating a land contract with another couple. We were worried because we heard that they has an existing mortgage on the property. He says that it won’t be a problem although he can’t get it in writing from the mortgage company. This is why he says it won’t be a problem:
”If you were to buy the house from us via land contract, the deed would not get transferred until the land contract was paid off. As such, there is no assumption to worry about. The prevent the bank from having a problem with the ‘sale of interest’, we would simply put the land contract in escrow rather than recording it. Doing so would be in your best interest and it would ensure that the deed it immmediately released…”
Is this true?