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An FHA/VA financing addendum is attached to a purchase contract to state that a buyer with FHA/VA financing can back out of the sale if the appraised property value is less than the asking price.
What is a Loan Assumption Agreement? 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. These agreements are commonly seen in mortgages and real estate.
Addendum for Release of Liability on Assumed Loan and/or Restoration of Seller's VA Entitlement. Description: This Addendum is used in conjunction with the Loan Assumption Addendum if the Seller wants to be released from future liability of the loan.
The essential purpose of the FHA and VA amendatory/escape clauses is to give the buyer the right to terminate the sales contract if the sales price exceeds the appraised value of the Property. Form 2A4-T includes the prescribed wording of the FHA and VA amendatory/escape clauses.
A seller financing addendum outlines the terms under which the seller of a property agrees to loan money to the buyer in order to purchase their property.
The Bottom Line The FHA amendatory clause protects borrowers because if the appraisal comes back low, the buyer can cancel the transaction and get their earnest money back. Signing on the dotted line for a home that appraises for below the sales price could result in a bad investment for both lenders and buyers.
If the buyer cannot obtain the loan approval in time, they will need to give the seller written notice and they can terminate the contract and receive their earnest money back. The buyer can also opt to make make the contract not subject to buyer approval.
VA loans include certain contingencies that protect earnest money deposits and allow them to be refunded to the buyer under specific circumstances. Some of the most common VA contract contingencies include a home inspection contingency, financing contingency, home sale contingency and appraisal contingency.