Assumption Agreement of Mortgage and Release of Original Mortgagors - South Carolina 2025

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If the transfer is not approved by the lender, the seller must find another buyer who is willing to assume the mortgage and has good credit. A mortgage assumed by a third party does not relieve the seller of the debt payment. The seller may be held liable for any defaults, which could affect their credit rating.
Limited Loan Flexibility Buyers assume the loans existing terms, including interest rates and repayment periods. Unlike a new mortgage, theres no room to negotiate better terms, which could result in higher costs over time.
The catch is that you have to come up with the cash to bridge the gap between the mortgage amount and the purchase price.
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.
An assumable mortgage is basically like a traditional home loan. What makes it different is the fact that the buyer can only get financing through the sellers lender. Lenders must approve an assumable mortgage, so sellers run the risk of having to pay the full remaining balance upfront if it is done without approval.
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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.
The exact amount of the assumption fee can vary depending on the lender and the specific mortgage being assumed, but it typically falls in the range of 0.5% to 1% of the loan amount.

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