Posted by Nate(DC) on March 04, 2002 at 16:18:52:
I think I see what the problem is. Typically the “due on sale” language - however it happens to be phrased - is NOT in the note. The note simply is evidence of a debt. The due on sale clause would be in the Deed of Trust or Mortgage, whichever you use in your state, which sets forth all the terms on which the property can serve as security for the debt.
I think that may be the answer.
If not, I’d be happy to search for it for you. Post here and I’ll email you my contact info.