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Due On Sale Clauses: Profits, Public Policy, And Preemption, Ralph J. Rohner
Due On Sale Clauses: Profits, Public Policy, And Preemption, Ralph J. Rohner
Scholarly Articles
Use of the due-on-sale clause to trigger rate adjustments, a relatively recent innovation, has been the target of state legislation and conflicting court opinions. This article reviews arguments on both sides of the debate surrounding the clause, the issues before the Supreme Court when it addresses due on sale later this year, and the potential repercussions of a High Court decision.