This form is an Assumption Agreement. The form provides that the grantee will assume a lien on property described in the agreement. The assumption will become effective on the date provided in the agreement.
Utah Assumption Agreement of Loan Payments
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Multi-State
Control #:
US-00424
Format:
Word;
Rich Text
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How to fill out Assumption Agreement Of Loan Payments?
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FAQ
Buying ?Subject to? the Mortgage While the deed is transferred to your name and you agree to make the mortgage payments, the person selling you the house is still responsible for paying the loan.
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.
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.
An assumable mortgage clause allows a buyer to take over mortgage payments for an existing loan on behalf of a seller. The original homeowner is released from any liability toward the loan, while the buyer assumes responsibility for the mortgage payments and ownership of the property.
A seller is still responsible for any debt payments if the mortgage is assumed by a third party unless the lender approves a release request releasing the seller of all liabilities from the loan. If approved, the title of the property is transferred to the buyer who makes the required monthly repayments to the bank.
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.
Most conventional mortgages are not assumable, but many government-backed loans (FHA, VA, USDA) are. The lender must approve you assuming the mortgage, and at the closing, you must compensate the old borrower for the amount they've paid off.