This CLE program offers an in-depth look at how the due-on-sale clause in mortgage agreements intersects with common estate planning strategies involving real property. Designed for estate planning and real estate practitioners alike, the course unpacks the legal risks and planning opportunities that arise when clients transfer mortgaged real estate into revocable or irrevocable trusts, or limited liability companies (LLCs).

Attendees will gain a clear understanding of how and when a due-on-sale clause may be enforced, what federal protections—such as those found in the Garn-St. Germain Depository Institutions Act of 1982—may apply, and how servicer-specific guidelines (including those from Fannie Mae and Freddie Mac) influence real-world outcomes.

The program also addresses practical considerations, including how to structure transfers to minimize lender pushback, how to counsel clients on potential acceleration risks, and how to recognize situations that could trigger unintended consequences. Whether you’re drafting trust documents or guiding clients through real property transfers, this course will equip you with the tools to navigate this complex legal terrain with confidence.