Mortgage Assumption Guide

Understanding How to Legally Assume a Mortgage

Can You Assume a Mortgage?

Assuming a mortgage means taking over the remaining loan balance and its existing terms from the current borrower. This can be a smart option for buyers looking to avoid current interest rates or reduce upfront costs. But not all mortgages are assumable, and there are strict legal requirements involved.

Types of Assumable Mortgages

Due-on-Sale Clause

A due-on-sale clause is a condition in many mortgage contracts that requires full loan repayment when the property is transferred. This clause can block the assumption of the mortgage unless the lender explicitly waives it.

Steps to Assume a Mortgage

  1. Check if the mortgage is assumable (read the loan agreement or contact the lender).
  2. Get lender approval and submit financial qualifications.
  3. Hire a real estate attorney to prepare the proper assumption paperwork.
  4. Ensure title transfer and new insurance policy are in place.

Benefits of Assuming a Mortgage

Risks and Considerations

Be aware of potential risks like balloon payments, back taxes, or issues with the due-on-sale clause. Always consult with a real estate professional or attorney before proceeding with a mortgage assumption.

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