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

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US-01679BG
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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

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.

An assumable mortgage works much the same as a traditional home loan, except the buyer is limited to financing through the seller's lender. Lenders must typically approve an assumable mortgage. If done without approval, sellers run the risk of having to pay the full remaining balance upfront.

A home loan assumption allows you as the buyer to accept responsibility for an existing debt secured by a mortgage on the home you're buying. The two processes available to suit your needs are Qualified Assumptions, and the Name Change and Title Transfer Requests.

An assumable mortgage is a home loan that can be transferred from the original borrower to the next homeowner. The interest rate and payment period stay the same. For example, if a 30-year mortgage is three years old, the person assuming the loan has 27 years to pay it off.

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.

The most important document in the loan assumption process is the deed of trust, which adds your name to the mortgage and absolves the original borrower of any obligations under the agreement, assuming a novation. All parties will be required to sign the final documents.

Focusing on this geographical region, the Deed of Trust is the preferred or required security instrument for real property in the following states: Maryland, North Carolina, Tennessee, Virginia and West Virginia. Mortgages are used in Kentucky, Ohio and Pennsylvania.

To qualify for an assumable mortgage, lenders will check a buyer's credit score and debt-to-income ratio to see if they meet minimum requirements. Additional information such as employment history, explanations of income for each applicant, and asset verification for a down payment may be needed to process the loan.

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