District of Columbia Addendum for Release of Liability on Assumption of FHA, VA or Conventional Loan, Restoration of Seller's Entitlement for VA Guaranteed Loan

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US-00472-A1
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Description

This form is for the situation where the seller is to apply for a release of liability from an assumed loan or reinstatement of VA entitlement.

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FAQ

Find a home seller who will allow you to assume their VA loan. Verify that you meet the VA's minimum credit score and income requirements. Agree to assume all obligations of the existing loan. Pay the funding fee, down payment (if required) and closing costs.

Funding fee: A VA loan assumption will come with a funding fee equal to 0.5% of the loan balance.

The Bottom Line The FHA amendatory clause protects borrowers because if the appraisal comes back low, the buyer can cancel the transaction and get their earnest money back. Signing on the dotted line for a home that appraises for below the sales price could result in a bad investment for both lenders and buyers.

The essential purpose of the FHA and VA amendatory/escape clauses is to give the buyer the right to terminate the sales contract if the sales price exceeds the appraised value of the Property. Form 2A4-T includes the prescribed wording of the FHA and VA amendatory/escape clauses.

A seller financing addendum outlines the terms under which the seller of a property agrees to loan money to the buyer in order to purchase their property.

VA loans include certain contingencies that protect earnest money deposits and allow them to be refunded to the buyer under specific circumstances. Some of the most common VA contract contingencies include a home inspection contingency, financing contingency, home sale contingency and appraisal contingency.

An FHA/VA financing addendum is attached to a purchase contract to state that a buyer with FHA/VA financing can back out of the sale if the appraised property value is less than the asking price.

If the purchaser(s) is creditworthy and assumes the liability to the lender and VA to the same extent that you did when you obtained the loan, you will be released from liability on the loan. To obtain a release from liability, you should check with the company to whom you make your payments before you sell your home.

However, borrowers who allow another buyer to assume their mortgage ?remain liable to the VA for any loss that may occur as a result of a future default and subsequent claim payment,? ing to VA Pamphlet 26-7, ?Unless the property is sold to a creditworthy purchaser who agrees to assume the payment obligation.?

To receive VA home loan benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general). Generally, there is no character of discharge bar to benefits to Veterans' Group Life Insurance.

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District of Columbia Addendum for Release of Liability on Assumption of FHA, VA or Conventional Loan, Restoration of Seller's Entitlement for VA Guaranteed Loan