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Updated March 7, 2022. In real estate transactions, an assumption agreement allows a third party to ?assume? or take over the loan of the property's seller. Mortgages may be assumed when the house is sold, a divorcing spouse is awarded the property in a settlement or when someone inherits property.
Parties Involved: Typically, an assumption agreement includes two main parties: the assignor (let's say, Seller A) and the assignee (Buyer B). Seller A is looking to transfer their obligations, while Buyer B is ready to assume those obligations.
An assumption clause is a provision in a mortgage contract that allows the seller of a home to pass responsibility for the existing mortgage to the buyer of the property. In other words, the new homeowner assumes the existing mortgage and?along with it?ownership of the property that secures the loan.
What Is a Basic Assumption? A basic assumption is an assumption that relates directly to a material fact included in the agreement. In the event of a mistaken belief, the mistake must involve a basic assumption that will affect the contract to the degree that the contract would become unfair to one side.
A loan assumption agreement is an agreement between a lender, original borrower, and a new borrower, where the new borrower agrees to assume responsibility for the debt owed by original borrower.