Sentences with phrase «on clause due»

Not exact matches

One of these mortgages» most attractive features is their lack of a «due on sale» clause.

Keep in mind that many mortgages contain clauses that will require full payment whenever the mortgaged house is sold or transferred (called the «due on sale» clause).

I'm reading NFIB v. Sebelius (the Obamacare decision) in preparation for teaching the case to my constitutional law students and came across the following most interesting passage in in Justice Ginsburg's opinion: «A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.»

This «moral reading» of the Constitution calls on judges to act as moral philosophers: «equal protection of the laws» should mean what best promotes «equal concern and respect» for all humans; «liberty» in the «due process» clause should mean autonomy in matters important to personal development, and so forth.

In due course, a lawsuit challenging the constitutionality of the AFLA was brought on the ground that the inclusion of religious organizations among the participants violated the Establishment Clause.

Each concerned a growingly contentious issue in politics, each sought to take it out of politics by deciding it judicially on constitutional grounds, and each did so by basing the decision on the due process clause of the Constitution.

In 1925 (Gitlow v. New York) the Court began the process of «incorporating» by declaring that the First Amendment's guarantee of the freedom of speech and of the press was binding on the states because it is implicit in the liberty included by the due process clause.

Morata is rumoured to be available due to a 30M Euro by back clause Real Madrid inserted into his sale to Juventus, allowing them to buy him back and potentially sell him on for a profit.

The former Barcelona B forward has stalled on talks over a new deal with his current club, and is available for $ 18 Million due to a clause in his current deal.

Ibe joined Steve McLaren's Rams earlier in the season on a deal that was due to run for the length of the season, but it had a January break clause that has now been activated by the Reds, on account of the teenager's impressive displays for a Derby side in the thick of the race for promotion from the second tier.

Even if you give them the benefit of the doubt on Stanton — that he forced his trade; that the Marlins had limited landing spots due to his no - trade clause — the $ 25 million owed him should have been enough of a cut to satisfy their budget constraints and still try to win.

But Wolves will have to kiss goodbye to # 2m of that money thanks to a clause in the 22 - year - old's contract, but according to Mirror Journalist Alex Richards, the fee could rise due to add ons and incentives, including if Bournemouth manage to avoid the drop and stay in the top flight.

Now this figure was either untrue due to Chelsea's # 32 million bid, or that the clause expired on the 30th June.

Former Ligue 1 champions PSG are also eager on a deal for Atletico «keeper Jan Oblak as reported by the Daily Record, who has a # 90M release clause in his contract with la Rojiblancos, with the player reportedly unwilling to leave club until January due to Atleti's ongoing transfer ban.

Although the transfer fee has not been made public due to a confidentiality clause, Las Palmas president Miguel Angel Ramirez confirmed on Monday that he has managed to obtain 30 per cent of any future sale.

Perez's comments come on the heels of rumors that the Nerazzurri have considered revoking the $ 25 million buyout clause in Kondogbia's transfer due to the fact he has performed well in his stint with Los Che.

Keïta was going to be available for # 48million next summer due to a release clause in his contract but the Reds have agreed to pay a premium on top of that to secure a deal with Leipzig now.

The 25 - year - old is due to make an appearance among the Catalan faithful during Barcelona's La Liga game versus Levante on Sunday afternoon, and he could by then have penned a contract lasting until the summer of 2023 with a buy - out clause set at $ 400m.

Today, the Standard reports that Kaboul could be offloaded to Lazio providing the Musaccheo deal goes through although that may now be in doubt due to a reported argument over a sell on clause.

Gimenez's deal is due to expire in 2018 but his contract includes a release clause of # 56 million, an amount that neither of the parties are likely to want to pay for a player who has just over a year left on his contract.

However, the Fifth Amendment's due process guarantee, beginning with Bolling v. Sharpe (1954), has been interpreted as imposing some of the same restrictions on the federal government: «Though the Fifth Amendment does not contain an equal protection clause, as does the Fourteenth Amendment which applies only to the States, the concepts of equal protection and due process are not mutually exclusive.

Due to its fast - track nature, the DRIPA contained a sunset clause that made it expire on 31 December 2016.

Over here, we've already had one success: the European Commission has been forced to hold a public consultation on the ISDS clause of TTIP, due to the size of the protest against it — especially in Germany.

Due to a clause in Puerto Rico's constitution stating that Puerto Rico must pay its debts before it can pay for anything else, social services on the island have been threatened and Medicaid has been dramatically scaled back.

At a news conference at the stadium Wednesday, Schumer, D - N.Y., said he has spoken with NFL Commissioner Roger Goodell about his idea that a «due on sale» clause in the NFL's G - 4 loan program be waived for teams that have had the same owner for at least 20 years.

«Having concluded that the Commissioner's implementation and usage of Education Law... is not unconstitutional under either Due Process Clause, the Court obviously must conclude that the statute is not unconstitutional on its face,» Acting Supreme Court Justice Roger D. McDonough wrote in his ruling.

-- If the Secretary determines that a reversal was unintentional, the offset project developer for the relevant offset project shall place into the offsets reserve a quantity of offset credits, or combination of offset credits and emission allowances, equal in number to half the number of offset credits that were reserved for that offset project, or half the number of reserve offset credits that were canceled due to the reversal pursuant to clause (i), whichever is less, except that the Secretary may lower this amount based on undue hardship in the event of a catastrophic occurrence.

The lawsuit contends that teachers» evaluations based on the test scores of students they do not teach or based on subjects they do no teach violate the equal protection and due process clauses of the 14th Amendment of the U.S. Constitution.

Due to the displacement of local property taxes as a source of education funding, and because the state itself suffers from a similar downward «ratcheting» effect on its revenue and expenditure levels, the state is effectively incapable of providing the level of funding necessary to fulfill the mandate of the Education Clause.

Similar to the Due Process Clause, the Impairment of Contracts Clause is one of the few express limitations on state power in the U.S. Constitution.

If your mortgage lender approves a waiver of the due on sale clause then you are free to transfer your home to your children even while the mortgage remains outstanding.

Other than the due on sale clause, there is no legal restriction against transferring property while a mortgage is attached to that property.

Lenders are probably not likely to waive the due on sale clause unless the new home owner agrees to be a cosigner, or to fully assume, the mortgage loan.

Nearly every mortgage agreement ever written contains a «due on sale» clause.

The due on sale clause generally provides that if you ever transfer the mortgaged property before paying off the mortgage then the mortgage lender has the right to immediately demand full repayment of the outstanding mortgage loan balance.

Federal law prohibits lenders from enforcing a due on sale clause in regard to transfers to a living trust.

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

7) A due - on - demand clause - The exceptions are if: a) There is material misrepresentation or fraud by the borrower in connection with the loan; b) The borrower fails to meet the terms of repayment in the agreement; or c) There is any action by the borrower that negatively affects the creditor's security.

However, if your heir is not related to you, and your contract has a due - on - sale clause, the mortgage lender has the right to ask for the mortgage balance due.

The due - on - sale condition is also known as an «acceleration clause.»

DD 214 Debt Service Deed Deed of Trust Department of Housing and Urban Development (HUD) Deposit Deposit Receipt Description of Materials Direct Endorsement Discount Documentary Stamp Draw Due - on - Sale Clause Dwelling Unit

A due - on - sale clause in your original mortgage agreement gives the lender the right to call your remaining mortgage balance due if you sell the mortgaged property or otherwise transfer title to another party.

A secured loan, on the other hand, does require collateral as security and may even have a longer repayment term clause with lower monthly payment terms (due to lower interest rates).

If a mortgage contains a due on sale clause, it may not be assumed by a new buyer.

Won't transferring the title to an LLC be considered a transaction and trigger the due on sale clause?»

If a mortgage contains a due - on - sale clause, it may not be assumed by a new buyer.

Answer: Yes, the lenders have the option of calling the entire loan due, (due - on - sale clause) but rarely ever do.

Due - on - Sale Clause A provision in a mortgage allowing the lender to demand repayment in full if the borrower sells the property securing the mortgage without an assumption approved by the investor.

However, for many years now, lenders have had a «due on sale» clause in their collateral agreements.

If it contains a «Due on Sale» clause, then you can't transfer the ownership as long as you hold a mortgage.