The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist for the Practitioner

W. Wade Berryhill, University of Richmond


The purpose of this article is to identify and examine the influencing considerations and the attachment of significance given to them by the courts in the "due-on" cases. After a discussion of recent litigation addressing the enforceability of the "due-on" clauses in Virginia, a summarizing checklist will follow detailing the factors which must be considered by the practitioner preparing to draft or litigate the clause.