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

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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 Michigan Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust is a legal document that outlines the terms and conditions for the sale of a residential property, where the buyer assumes the existing mortgage or obtains a mortgage from the seller to finance the purchase. This contract is commonly used in Michigan for real estate transactions and provides a framework to protect the rights and interests of both the buyer and seller. Keywords: Michigan Contract for Sale of Residential Property, Assuming Existing Loan, Giving Seller Purchase Money Mortgage, Deed of Trust, residential property, real estate transactions, buyer, seller, terms and conditions, mortgage assumption, financing, legal document. Different types of Michigan Contracts for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust can include: 1. Fixed-rate mortgage assumption contract: This type of contract involves the buyer taking over the existing fixed-rate mortgage of the seller, with the terms and interest rate remaining unchanged. 2. Adjustable-rate mortgage assumption contract: Here, the buyer assumes an adjustable-rate mortgage, which may have fluctuating interest rates over time. The contract should specify how and when adjustments will occur. 3. Seller financing contract: In this scenario, the seller provides a purchase money mortgage, acting as the lender, to the buyer. The terms of the loan, including interest rates, repayment schedule, and any collateral, should be clearly detailed in the contract. 4. Deed of Trust contract: This type of contract involves the buyer assuming the existing loan secured by a deed of trust. A deed of trust is a legal document that grants the lender a security interest in the property until the loan is fully repaid. The contract should outline the responsibilities and obligations of both parties regarding the deed of trust. When entering into any of these contracts, it is crucial for both the buyer and seller to consult with legal professionals with expertise in real estate law to ensure compliance with Michigan state regulations and protect their interests.

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FAQ

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

The form usually used for land contracts in Michigan allows the Land Contract seller to mortgage the property but only up to the amount of the land contract balance and with payments no higher than the land contract payment.

Although a Deed of Trust is similar to a Mortgage, which is used in other states, it is not a Mortgage. Good to know: Texas does not use mortgages. Instead, Texas uses Deeds of Trust. The document is referred to as a Deed of Trust because there is a Trustee named for the property.

Mortgages are used, but they are rare. A security deed (deed to secure debt) is the customary security instrument in Georgia. Georgia does not use a Deed of Trust. Two witnesses are required to witness the signature of the grantor for a security deed to be recorded.

The main difference between a deed and a deed of trust is that a deed is a transfer of ownership, while a deed of trust is a security interest. A deed of trust is used to secure a loan, while a deed is used to transfer ownership of a property.

Although the buyer makes the mortgage payments, the seller remains responsible for the loan. When the property is sold subject to the loan the buyer is not liable to pay the lender, the original borrower is still primarily liable to the lender.

In Alabama, Arizona, Arkansas, Illinois, Kentucky, Maryland, Michigan, Montana and South Dakota, the lender has the choice of either a mortgage or deed of trust. In any other state, you must have a mortgage.

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Oct 30, 2017 — A transfer of property by deed is a transfer of ownership. See MCL 211.27a(6)(a). Is a sale by land contract a transfer of ownership? A transfer ... Fill and Sign the Contract for the Sale of Residential Property Assuming Existing Loanand Giving Seller Purchase Money Mortgage or Deed of Trust Form.Below are five simple steps to get your contract for the sale of residential property assuming existing loan and giving seller purchase money mortgage or deed ... 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 ... A land contract is a mortgage from the seller. The seller could own their home free and clear or have an existing mortgage, which would change the way the title ... BASIS FOR REQUEST OF FINANCING INFORMATION: The Michigan Supreme Court has ordered that information about the financing of property sales must be gathered. The conveyance shall be made as specified in the land contract if the vendor's assignee or grantee has assumed the vendor's continuing executory conveyancing ... C. Sale of the consumer's interest in the property, including a transaction in which the consumer sells the dwelling and takes back a purchase money note and ... Some of the most common methods of seller financing are purchase money mortgages, including the wraparound, and the contract for deed. Purchase money mortgage – ... A clause inserted in a will, mortgage, deed or trust or trust agreement authorizing the sale or transfer of land in accordance with the terms of the clause.

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