What Is An Alienation Clause In Real Estate?

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What Is An Alienation Clause In Real Estate

When you are preparing to take your real estate exam, it's important to know about the alienation clause. This is a real estate agreement that requires the borrower to pay off their mortgage loan immediately during any sale or transfer of the property title - even if it's not voluntary.

It's a common clause in most mortgage agreements today. While the alienation clause may seem unfair, it's actually designed to protect the lender's interests.

If a borrower can't pay off their loan, the lender could lose money. That's why most lenders require this clause in their mortgage agreements.

If you're considering buying or selling a property, make sure you understand the alienation clause and how it could affect you. It's an important part of any real estate transaction and is an important part of the real estate exam as well.

Alienation Clause Example

Here's an example of how the alienation clause can work in a real estate transaction:

Let's say you have a $100,000 mortgage loan with an interest rate of four percent. Your monthly payments would be about $733. If you were to sell your property for $120,000, you would need to pay off the remaining balance of your loan - $100,000.

The new buyer would then need to get their own mortgage loan to finance the purchase. In this example, the alienation clause protects the lender by ensuring that they're paid off in full before the property is transferred to a new owner.

How Does the Alienation Clause Benefit a Lender

The alienation clause benefits lenders in two ways. First, it protects them from borrowers who can't or doesn't want to pay off their loans. Second, it allows lenders to charge higher interest rates.

If a borrower knows they can't sell their property without paying off the loan first, they're less likely to default on the loan. That's because they would need to come up with the entire loan amount in order to sell the property.

As a result, lenders can charge higher interest rates on loans with an alienation clause. That's because there's less risk for the lender if the borrower defaults.

How Can You Setup an Alienation Clause?

If you're a borrower, you can set up an alienation clause by including it in your mortgage agreement. You'll need to negotiate with your lender to include the clause in your loan.

If you're a seller, you can set up an alienation clause by adding it to your sales contract.

This will protect you from buyers who try to sell the property without paying off the loan first.

It's important to note that not all lenders allow borrowers to set up an alienation clause. And some states have laws that prohibit or limit the use of alienation clauses.

Before you agree to an alienation clause, make sure you understand all the implications and talk to a real estate attorney if you have any questions.

Conclusion

An alienation clause is a real estate agreement that requires the borrower to pay off their mortgage loan immediately during any sale or transfer of the property title.

It's a common clause in most mortgage agreements and it's designed to protect the lender's interests.

If are planning on becoming a real estate agent, make sure you understand how the alienation clause works and how it can affect your clients.

If you want to see some examples of questions that will be on the actual real estate exam, check out our free real estate practice exam. We have been named as the best real estate exam practice for 7 years in a row!

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