South Carolina Assumption Agreement of SBA Loan

State:
Multi-State
Control #:
US-00193
Format:
Word; 
Rich Text
Instant download

Description

This form is an assumption agreement for a Small Business Administration (SBA) loan. Party assuming the loan agrees to continue payments thereon. SBA agrees to the assumption of the loan and release of original debtor. Adapt to fit your circumstances.

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FAQ

An assumable mortgage allows a buyer to take over the seller's mortgage. Once the assumption is complete, you take over the payments on a monthly basis, and the person you assume the loan from is released from further liability. If you assume someone's mortgage, you're agreeing to take on their debt.

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.

What is mortgage assumption? Mortgage assumption is the process of one borrower taking over, or assuming, another borrower's existing home loan. When you're assuming a loan, the outstanding balance, mortgage interest rate, repayment period and other terms attached to that loan often don't change.

If there is a transfer of ownership, the addition or deletion of a guarantor to the loan requires approval. While the Cares Act EIDLs do not require a personal guaranty for loans under $200,000.00, the SBA still nevertheless requires its approval of the transfer.

Assumption of SBA Loan. A borrower may request for another person to assume the borrower's legal obligations and benefits under the SBA loan documents. Essentially, the assignor-borrower is requesting that another person step into their shoes as it relates to the loan.

SBA loans are fully assumable with SBA approval. Getting this approval, however, can be very complex. Any borrower attempting to assume an SBA loan will be carefully examined by the SBA and must meet a lengthy list of requirements.

Keep in mind that the average loan assumption takes anywhere from 45-90 days to complete. The more issues there are with underwriting, the longer you'll have to wait to finalize your agreement. Do yourself a favor and get the necessary criteria organized in advance.

Fortunately for borrowers, SBA loans, including the SBA 7(a) loan, are fully assumable with SBA approval. However, if you're selling your business, getting approval from the SBA for another borrower to assume your loan can be somewhat complex.

SBA loans and SBA express loans can be used for a wide range of expenses. According to the SBA, you can use these loans for most business purposes, including start-up, expansion, equipment purchases, working capital, inventory or real-estate purchases.

Advantages. If the assumable interest rate is lower than current market rates, the buyer saves money straight away. There are also fewer closing costs associated with assuming a mortgage. This can save money for the seller as well as the buyer.

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South Carolina Assumption Agreement of SBA Loan