This form is an Assumption Agreement. The grantor desires to convey certain property to the grantee and the grantee agrees to assume the lien and the loan. The agreement must also be signed in the presence of a notary public.
Colorado Loan Assumption Agreement
Category:
State:
Multi-State
Control #:
US-00561
Format:
Word;
Rich Text
Instant download
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FAQ
Lenders must typically approve an assumable mortgage. If done without approval, sellers run the risk of having to pay the full remaining balance upfront. Sellers also risk buyers missing payments, which can negatively impact their credit score.
Unfortunately, most conventional mortgages are not assumable. One of the exceptions is if someone is a successor in interest based on having the property transferred to them during someone's lifetime or after their passing. You can also assume an adjustable-rate mortgage that's outside its initial fixed period.
How does the loan assumption process work? Getting approved to assume a loan is similar to getting approved for a new mortgage. You will need to complete an application, provide documents, and meet the lender's credit, income, and financial requirements to get the loan assumption approved.
An assumable mortgage allows a home buyer to not just move into the seller's former house, but to step into the seller's loan, too. This means that the remaining balance, repayment schedule and rate will be taken over by the new owner.
A seller is still responsible for any debt payments if the mortgage is assumed by a third party unless the lender approves a release request releasing the seller of all liabilities from the loan. If approved, the title of the property is transferred to the buyer who makes the required monthly repayments to the bank.
Loan assumption presents an alternative way for a seller to sell a property to a buyer. This option could prevent a seller from facing a short sale or pending foreclosure. With an assumption, the buyer takes title to the property and assumes the payments due on the mortgage without having to obtain new financing.
"Assume" means the buyer takes on liability, and the seller is no longer primarily liable. "Subject to" means the seller is not released from responsibility. The word "assumption" is used when a buyer assumes personal liability for an existing debt.
