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An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract.
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.
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.
Assumable refers to when one party takes over the obligation of another. In terms of an assumable mortgage, the buyer assumes the existing mortgage of the seller. When the mortgage is assumed, the seller is often no longer responsible for the debt.
An assumption agreement, sometimes called an assignment and assumption agreement, is a legal document that allows one party to transfer rights and/or obligations to another party. It allows one party to "assume" the rights and responsibilities of the other party.
Assumption of Obligations. New Borrower covenants, promises, and agrees that New Borrower, jointly and severally if more than one, will unconditionally assume and be bound by all terms, provisions, and covenants of the Assumed Loan Documents as if New Borrower had been the original maker of the Assumed Loan Documents.
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.
Loan assumption, however, allows a buyer to take over the current owner's mortgage while the loan's terms ? including the repayment period and interest rate ? remain the same. Ultimately, it can help people get into a home at a lower interest rate even as the housing market around them becomes more expensive.