This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New York Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust
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Multi-State
Control #:
US-01536BG
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Word;
Rich Text
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How to fill out Contract For The Sale Of Residential Property Assuming Existing Loan And Giving Seller Purchase Money Mortgage Or Deed Of Trust?
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FAQ
When a buyer buys property and assumes a mortgage, the buyer becomes primarily liable for the debt and the seller becomes secondarily liable for the debt. "Assume" means the buyer takes on liability, and the seller is no longer primarily liable. "Subject to" means the seller is not released from responsibility.
For sellers, subject to is a good way to quickly dispose of a property if you need immediate debt relief or if you're facing foreclosure. Foreclosure is a major risk for buyers and sellers participating in a subject to, and it's generally a high-risk investment.
That said, there are two common reasons a homeowner would consider using a subject to mortgage strategy: they either can't sell at the price they want, or they need to sell sooner rather than later. The former reason would suggest the homeowner has little to no equity and need to sell at a certain price?no exceptions.
Wrap-Around ?Subject To? The seller usually has to pay interest rates on their mortgage to their lender, so they in turn ask the investor for an additional, proportional interest rate. For example, if the original homeowner's mortgage is at 4%, then the seller might ask for 6% from the carryback from the investor.
For most homebuyers, the primary reason for buying subject-to properties is to take over the seller's existing interest rate. If present interest rates are at 4% and a seller has a 2% fixed interest rate, that 2% variance can make a huge difference in the buyer's monthly payment.
In a traditional mortgage, the bank holds the deed. With a purchase-money mortgage, the seller holds the deed.
The rule of thumb is that a seller can back out at any point if the details outlined in the home purchase agreement are not met. The agreement holds a legal value and backing out of them can be complicated, and this is something that most people would like to avoid.
Disadvantages of subject-to loans Some mortgage companies call loans due if the property transfers to a new buyer. You may lose the house if you do not have the cash to pay off the mortgage and cannot get financing in your name. Finally, insuring the home can be very challenging.