Maryland General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust

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Multi-State
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US-01679BG
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Description

An assumable mortgage is one which lets a buyer take over the existing loan of a seller. Assumable mortgages require the lender's approval. The person who assumes a mortgage takes the same interest rate and monthly payment schedule as the original loan, which can result in big savings if the interest rate on the existing mortgage is lower than the current rate on new loans. However, the lender can change the loans terms. The person assuming a mortgage still needs to qualify for the loan and pay closing fees, including the costs of the appraisal and title insurance.


The lender also holds the seller liable for the loan. For example, if the person assuming the mortgage defaults on payments and the lender forecloses, but the property sells for less than the loan's balance, the lender can sue the seller for the difference.


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  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust
  • Preview General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust

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FAQ

The 4 essential elements of a Maryland real estate contract are: Mutual assent between the parties to enter the contract. A valid offer, acceptance of the offer, and adequate consideration. Legal capacity of the parties to enter the agreement.

A real estate purchase agreement is a legally binding agreement that governs the purchase and sale of a property. Made between a buyer and seller, it defines the terms of the transaction and the conditions under which a sale will occur.

However, the most important documents in real estate are offers, agreements, and contracts between the buyer and seller.

A deed is a legal document conveying the ownership rights from the seller to the buyer. It is normally signed by the both the seller and buyer (and notarized), and sent to the buyer after the title transfer documents are recorded in the county public records office.

The buyer can cancel the transaction before midnight of the 5th business day after the transaction. Also, if the buyer is 65 or older, they can cancel until midnight on the 7th day after the transaction. Generally, Saturday is considered a business day.

A Purchase Agreement, Purchase Offer, Bill of Sale, or Sales Agreement are all different names (used in different locales) for a legally-binding document that lays out all the terms and conditions of the sale. This document will be used to guide the settlement agent and/or attorney who are handling the escrow.

A sales and purchase agreement is a legally binding agreement obligating a buyer and a seller to terms of a transaction. The SPA outlines all of the terms and conditions of the exchange and must be signed by both parties.

The (TDS) describes the condition of a property and, in the case of a sale, must be given to a prospective buyer as soon as practicable and before transfer of title.

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Maryland General Form of Agreement of Sale of Residential Property with Assumption of Existing Mortgage or Deed of Trust