Mortgage Assumption Agreement Form

State:
Multi-State
Control #:
US-00424
Format:
Word; 
Rich Text
Instant download

Description

The Mortgage Assumption Agreement form is a legally binding document that allows a purchaser, known as the Grantee, to assume the existing mortgage of a property from the current owner, or Grantor. It outlines the details of the property being conveyed, including relevant information regarding the existing lien and the loan secured by the Deed of Trust. Key features of the form include the identification of both parties, the property description, the assumption of the lien and debt obligations, and the requirement for consent from the lender if applicable. To fill out the form, parties must accurately complete the specified sections, dates, and ensure that required signatures are notarized for legal validity. This form is particularly useful for attorneys, partners, and legal assistants when facilitating real estate transactions, providing clarity in the transfer of property and associated financial responsibilities. It serves to protect both parties by formalizing the assumption agreement, reducing misunderstandings regarding financial obligations. Additionally, paralegals and legal assistants can use this form to streamline the documentation process in property transfers, ensuring all legal requirements are met.
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How to fill out Assumption Agreement Of Loan Payments?

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FAQ

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.

An assumable mortgage allows a buyer to take over the seller's mortgage. Once the assumption is complete, you take over the payments on a monthly basis, and the person you assume the loan from is released from further liability. If you assume someone's mortgage, you're agreeing to take on their debt.

You can transfer a mortgage to another person if the terms of your mortgage say that it is assumable. If you have an assumable mortgage, the new borrower can pay a flat fee to take over the existing mortgage and become responsible for payment. But they'll still typically need to qualify for the loan with your lender.

You can check the loan documents to see whether assumptions are permitted. The loan document will typically state whether or not the loan is assumable under the "assumption clause." The terms may also appear under the "due on sale clause" if loan assumption isn't permitted.

When a buyer assumes a loan it is with the lender's knowledge and approval. An assumption agreement is prepared by the existing lender of record and signed by the buyer as part of the escrow process.

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Mortgage Assumption Agreement Form