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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.
Under the payoff method, the FDIC must payout $250,000 but may pay out more, up to the original $350,00 value of the deposit, depending on the amount of proceeds received when the bank is liquidated. Under the purchase and assumption method, the bank is completely absorbed, and all accounts are paid their full value.
Purchase and assumption is a transaction in which a healthy bank or thrift purchases assets and assumes liabilities (including all insured deposits) from an unhealthy bank or thrift. It is the most common and preferred method used by the Federal Deposit Insurance Corporation (FDIC) to deal with failing banks.
Personnel & Administration (P&A)
A Resolution method in which a healthy Bank or a group of investors assume some or all of the obligations, and purchase some or all of the assets of the failed Bank.
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.
Seller represents that the Existing Loan is assumable. Buyer agrees to make application to the Lender to assume the Existing Loan, if required.