Iowa General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust

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Description

An assumable mortgage is one which lets a buyer take over the existing loan of a seller. Assumable mortgages require the lender's approval. The person who assumes a mortgage takes the same interest rate and monthly payment schedule as the original loan, which can result in big savings if the interest rate on the existing mortgage is lower than the current rate on new loans. However, the lender can change the loans terms. The person assuming a mortgage still needs to qualify for the loan and pay closing fees, including the costs of the appraisal and title insurance.


The lender also holds the seller liable for the loan. For example, if the person assuming the mortgage defaults on payments and the lender forecloses, but the property sells for less than the loan's balance, the lender can sue the seller for the difference.


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  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust

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FAQ

Disclosure Law in Iowa for Home Sales The legal basis for this disclosure requirement is Iowa Code § 558A, which requires you, as a seller, to deliver a written disclosure statement to a person interested in buying your property before they've made a written offer or you've accepted it.

An assumable mortgage is a type of financing arrangement whereby an outstanding mortgage and its terms are transferred from the current owner to a buyer. By assuming the previous owner's remaining debt, the buyer can avoid obtaining their own mortgage.

558.44 Mandatory recordation of conveyances and leases of agricultural land.

At its most basic, a purchase agreement should include the following: Name and contact information for buyer and seller. The address of the property being sold. The price to be paid for the property. The date of transfer. Disclosures. Contingencies. Signatures.

Disclosure Laws for Iowa Home Sales Iowa Code 558A requires sellers to deliver written disclosure statements to a person interested in buying a property before they have made a formal offer or the offer has been accepted.

558.70 Contract disclosure statement required for certain residential real estate installment sales.

An assumable mortgage clause allows a buyer to take over mortgage payments for an existing loan on behalf of a seller. The original homeowner is released from any liability toward the loan, while the buyer assumes responsibility for the mortgage payments and ownership of the property.

If the seller believes the buyer is violating the land contract's terms, this is called a default. Iowa Code §656.2 requires the lender to give the borrower a thirty-day written "Notice of Forfeiture of Real Estate Contract" before the seller can forfeit the land contract.

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Iowa General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust