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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.
An assumable mortgage allows someone to find a house they want to buy and take over the sellers existing home loan without applying for a new mortgage. This means the remaining balance, mortgage rate, repayment period and other loan terms stay the same, but the responsibility for the debt is transferred to the buyer.
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.
Assumption agreements are prepared by the existing lender of record with their knowledge and approval, and they are signed by the buyer during escrow. Sometimes, the seller is also required to sign the assumption agreement in order to fully release them from any responsibility.
There are also fewer closing costs associated with assuming a mortgage. This can save money for the seller as well as the buyer. If the buyer is gaining a lower interest rate, the seller may find it easier to negotiate a price closer to the fair market asking price.
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How much does a loan assumption cost? Youll have to pay closing costs on a loan assumption, which are typically 2-5% of the loan amount. But some of those may be capped. And youre unlikely to need a new appraisal.
On an assumption, the funding fee is 0.5% of the existing mortgage balance and is paid by the new home buyer at closing.
Tips for Home Loan Assumptions Until the seller is released from liability by the lender, they are responsible for the debt, and nonpayment by the would-be assumer of the loan could negatively impact their credit score. Its also important to accurately value the property before assuming the loan.
To assume a loan, the buyer must qualify with the lender. If the price of the house exceeds the remaining mortgage, the buyer must remit a down payment that is the difference between the sale price and the mortgage. If the difference is substantial, the buyer may need to secure a second mortgage.
In consideration of the assumption of the Debtors Liabilities, the Creditor (a) agrees to look solely to the Assuming Party for the payment and the performance of the Liabilities; and (b) forever releases and discharges the Debtor from the Liabilities.

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