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An assumption agreement, sometimes called an assignment and assumption agreement, is a legal document that allows one party to transfer rights and/or obligations to another party. It allows one party to "assume" the rights and responsibilities of the other party.
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.
Assumption of Obligations. New Borrower covenants, promises, and agrees that New Borrower, jointly and severally if more than one, will unconditionally assume and be bound by all terms, provisions, and covenants of the Assumed Loan Documents as if New Borrower had been the original maker of the Assumed Loan Documents.
Loan assumption, however, allows a buyer to take over the current owner's mortgage while the loan's terms ? including the repayment period and interest rate ? remain the same. Ultimately, it can help people get into a home at a lower interest rate even as the housing market around them becomes more expensive.
An assumable mortgage is a home loan that can be transferred from the original borrower to the next homeowner. The interest rate and payment period stay the same. For example, if a 30-year mortgage is three years old, the person assuming the loan has 27 years to pay it off.
A loan assumption agreement is an agreement between a lender, original borrower, and a new borrower, where the new borrower agrees to assume responsibility for the debt owed by original borrower. These agreements are commonly seen in mortgages and real estate.
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.
"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.