It is IMPOSSIBLE to violate a "Due on Sale" clause

I hear all the time about the dangers of violating the "Due on Sale" clause in a deed of trust (or mortgage). I've heard a very experienced title officer state that wrap around mortgages were illegal because they violate the Due on Sale clause. I've heard that in some states realtors are banned from participating in "subject to" transactions because they are illegally helping the seller to violate the Due on Sale clause.

In my opinion, this is all a bunch of nonsense. It is IMPOSSIBLE to violate the Due on Sale clause!

The Due on Sale clause in a deed of trust or mortgage basically states that if the borrower transfers title without the lender's permission, the lender has the right to accelerate the note, i.e. demand payment in full of the remaining balance owed.

So, to reiterate, the Due on Sale clause says that IF the borrower does something, then the lender HAS THE RIGHT to do something else. It's an "If/Then" clause. That sort of clause is impossible to violate! If the borrower transfers title, have they broken some law? NO! Have they taken away the lender's right to accelerate? NO! They haven't VIOLATED the Due on Sale clause, they've FOLLOWED and FULFILLED their part of it! They've fulfilled the "if" part of the "If/Then" clause. Then the lender has the opportunity to fulfill the "then" part of the clause. And the lender can go right ahead and accelerate the note if they so desire. (Which they occasionally do, but not very often.)

Now, if the Due on Sale clause said "Thou Shalt Not Transfer Title", or "According to Statute 19-Q of our state constitution, transferring title of this property is illegal without permission of the lender", THEN it would be possible to violate it. But as the Due on Sale clauses actually read, there is NO WAY TO VIOLATE them!! And it is certainly not illegal, immoral, or unethical to transfer title or assist someone else in doing so.

Thank you and good night.