This Comment examines the unresolved issues that have survived the passage of the Garn-St. Germain Depository Institutions Act. The author provides a history of due-on-sale clauses and then examines the Garn Act, specifically focusing on the date the window period begins, the extent to which the window is abrogated by exceptions provided in the Act, the status of conversion loans and the constitutionality of its retroactive application. The author argues that the resolution of many of these issues in unclear under the terms of the Garn Act and will require court intervention and clarification.
Elizabeth M. Hufker,
Due-on-Sale Clauses after Passage of the Garn Act: More Questions Than Answers?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol20/iss4/15