Assumption agreement 2025

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Is an assumption agreement recorded? An executed original of this Assumption Agreement will be recorded in the Land Records as a modification to the Security Instrument.
Another common scenario is in loan assumption, wherein the obligation of paying a loan is transferred from the initial borrower to a new borrower. Parties Involved: Typically, an assumption agreement includes two main parties: the assignor (lets say, Seller A) and the assignee (Buyer B).
An Assumption Agreement is a legal document through which one party transfers its obligations or duties under a contract to another party. Essentially, it outlines the specific responsibilities that the new party agrees to assume, ensuring that original obligations are preserved even as parties change.
Example Cases: A home buyer assumed the sellers existing mortgage under an assumption clause. The buyer then defaulted on the loan. The court upheld the assumption clause, holding the buyer responsible for the mortgage debt, as they had agreed to take on the terms of the original loan.
The purpose of an assumption agreement is to ensure the seller is freed from their obligations, while the buyer agrees to take on these obligations. Legally, the seller could still be held liable if they dont have a proper assumption agreement in place that absolves them of those responsibilities.
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