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Commonly Asked Questions about Assumption Agreement Legal Forms

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.
Real-life examples of Assumption Agreements Lets say youre buying a house that still has an existing mortgage. Assume you plan to pay the remaining mortgage rather than obtaining a new mortgage. An assumption agreement can transfer the responsibility of the mortgage from the seller to you, the buyer.
An executed original of this Assumption Agreement will be recorded in the Land Records as a modification to the Security Instrument.
In real estate transactions, an assumption agreement allows a third party to assume or take over the loan of the propertys 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.
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 youll have to wait to finalize your agreement.
An assumption clause is a provision in a mortgage contract that allows the seller of a home to pass responsibility for the existing mortgage to the buyer of the property. In other words, the new homeowner assumes the existing mortgage andalong with itownership of the property that secures the loan.
What are the requirements to assume a loan? Answer: A qualified assumption requires the assuming borrower to qualify for credit based on current underwriting guidelines. Credit score, debt-to-income ratios and other factors may be used to determine qualification, but vary based on loan type.