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Arizona Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust

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US-01536BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Arizona Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust is a legal document used in real estate transactions within the state of Arizona. This contract serves as a comprehensive agreement between the buyer and seller in transferring the ownership of a residential property, while also addressing the existing loan and providing financing options through a purchase money mortgage or deed of trust. In this contract, the buyer assumes the existing loan on the property, which means they agree to take over the remaining mortgage payments and responsibilities from the seller. This type of arrangement can be advantageous to both parties, as the buyer benefits from the lower interest rates and favorable terms of an existing loan, while the seller is relieved of their financial obligation. The contract also outlines the terms of a purchase money mortgage or deed of trust, which is made between the buyer and the seller. This additional financing option allows the seller to act as the lender and provide additional funds to the buyer to bridge the gap between the purchase price of the property and the assumed loan amount. This can be particularly useful if the buyer needs additional capital for various purposes, such as making repairs or improvements to the property. Different types of the Arizona Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust may include variations based on the specific terms and conditions agreed upon by the buyer and seller. These variations can pertain to aspects such as the interest rate on the purchase money mortgage or deed of trust, the repayment schedule, any prepayment penalties, and the duration of the agreement. In summary, the Arizona Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust is a crucial legal document in real estate transactions that enables the buyer to assume the existing loan on the property while also receiving additional financing from the seller. This contract provides a framework for the transfer of ownership and financial obligations, ensuring a smooth and transparent transaction for all parties involved.

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FAQ

Most importantly, an alienation clause prevents a homebuyer from assuming the current mortgage on the property. Without this clause, the new owner could assume the existing mortgage and repay it at that interest rate, rather than obtaining a new loan at prevailing rates.

An alienation clause is language in a mortgage or trust deed that allows the lender to call the loan immediately due and payable in the event the owner sells or transfers title to the property.

What is an alienation clause in real estate? The alienation clause in a mortgage contract gives a mortgage lender the right to request the full and immediate repayment of the loan, including principal and interest, when the borrower sells or transfers their home.

What Is An Alienation Clause? An alienation clause, also known as a due-on-sale clause, is a real estate agreement that requires a borrower to pay the remainder of their mortgage loan balance off immediately during the sale or transfer of a property title and before a new buyer can take ownership.

Alienation refers to the process of a property owner voluntarily giving or selling the title of their property to another party.

A deed of trust is the most commonly used form of security document by lenders when purchasing a home in Arizona. Most people would assume it's the same as a mortgage. While they serve the same purpose, there are some key differences to understand.

In real estate, an alienation clause, or due-on-sale clause, refers to contract language that requires the borrower to pay the full mortgage balance, as well as accrued interest, back to the lender before they can transfer the property to a new buyer.

The due-on-sale clause protects your lender by preventing prospective buyers from assuming your mortgage.

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COE Date, Buyer shall either: (i) sign all loan documents; or (ii) deliver to Seller or Escrow Company notice of loan approval without PTD conditions AND date(s) ... Pay via PalPal or with your credit card. Switch the file format if needed. Click Download to save the Phoenix Contract for the Sale of Residential ...The contract for deed provides that the seller retains title to the real property until the purchase price has been paid in full. 2. Describe any laws that ... Due-on-Sale Clause: Provision in a mortgage or deed of trust which requires loan to be paid in full if property is sold or transferred. E. Earnest Money ... May 26, 2022 — Buying subject-to means buying a home subject-to the existing mortgage. It means that the seller is not paying off the existing mortgage. Fill and Sign the Contract for the Sale of Residential Property Assuming Existing Loanand Giving Seller Purchase Money Mortgage or Deed of Trust Form. Agreement by a buyer to assume the liability under an existing note secured by a mortgage or deed of trust. Oct 5, 2023 — Close and sign liability release – If the assumption is approved, you'll need to fill out paperwork just as you would when closing any other ... Outlines applicable terms and conditions when a buyer must sell a house in order to complete the purchase of another property. Conventional mortgage. A ... If Private Financing Documents are prepared by Escrow Agent, Escrow Agent will use one of its Company's standardized promissory note and deed of trust forms, ...

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Arizona Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust