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An assumption agreement, sometimes called an assignment and assumption agreement, is a legal document that allows one party to transfer rights and/or obligations to another party. It allows one party to "assume" the rights and responsibilities of the other party.
Release of the Debtor. In consideration of the assumption of the Debtor's Liabilities, the Creditor (a) agrees to look solely to the Assuming Party for the payment and the performance of the Liabilities; and (b) forever releases and discharges the Debtor from the Liabilities.
A letter of assumption is a written agreement between a current homeowner and a prospective buyer. The letter states that the buyer agrees to take over the homeowner's debt in the home in exchange for ownership.
To assume a loan, the buyer must qualify with the lender. If the price of the house exceeds the remaining mortgage, the buyer must remit a down payment that is the difference between the sale price and the mortgage. If the difference is substantial, the buyer may need to secure a second mortgage.
If you're thinking of assuming a loan in a divorce, start by calling your current lender and asking them for a copy of your original promissory note. The promissory note will tell you whether the loan is assumable or not.