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North Carolina 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 North Carolina 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 of the sale of a residential property, where the buyer assumes the existing loan and the seller provides a purchase money mortgage or deed of trust. This type of agreement is commonly used in real estate transactions in North Carolina and helps facilitate the transfer of property ownership while maintaining the existing financing. Here are some key aspects and relevant keywords related to the North Carolina Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust: 1. Contract terms: The agreement will include provisions specifying the terms and conditions of the sale, including the purchase price, payment method, interest rate on the assumed loan, and any applicable contingencies. 2. Assumption of existing loan: The buyer agrees to take over the responsibility of the seller's existing loan, assuming the remaining balance, interest rate, and repayment terms. This helps the buyer avoid obtaining a new loan and potentially benefit from more favorable loan terms. 3. Seller's purchase money mortgage or deed of trust: In return for selling the property, the seller provides the buyer with a purchase money mortgage or a deed of trust. This serves as a form of financing, allowing the seller to receive payments from the buyer over an agreed-upon period. 4. Closing costs: The contract will specify which party is responsible for various closing costs, such as title search fees, recording fees, attorney fees, and any other expenses associated with the transfer of property ownership. 5. Types of North Carolina Contracts for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust: While the basic contract described above is commonly used, there may be variations tailored to specific situations or preferences. For instance, there might be separate agreements for different types of properties, such as single-family homes, condominiums, or multi-unit buildings. 6. Legal requirements: It's essential to ensure the contract complies with North Carolina state laws governing real estate transactions. Working with an attorney or experienced real estate professional is advisable to ensure all legal requirements are met. In summary, the North Carolina Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust outlines the terms and conditions for the sale of a residential property while facilitating the assumption of the existing loan by the buyer. This arrangement benefits both parties involved, allowing the buyer to avoid securing new financing and providing the seller with additional financial security through a purchase money mortgage or deed of trust. It is crucial to consult with professionals to ensure legal compliance and understand the specific variations of this type of contract for different types of properties.

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FAQ

Generally, to be legally valid, most contracts must contain two elements: All parties must agree about an offer made by one party and accepted by the other. Something of value must be exchanged for something else of value. This can include goods, cash, services, or a pledge to exchange these items.

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.

A purchase and sale agreement, also called a sales and purchase agreement or a purchase and sales contract, is a legally binding document that parties in a transaction use to stipulate the terms and conditions that will guide the sale and transfer of goods or property.

A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

In North Carolina, a seller can get out of a real estate contract if the buyer's contingencies are not met?these include financial, appraisal, inspection, insurance, or home sale contingencies agreed to in the contract. Sellers might have additional exit opportunities with unique situations also such as an estate sale.

A contract is considered non-binding if it explicitly contains language that renders it non-binding or if it lacks any of the key elements that make it binding. Two parties may use a non-binding contract to record preliminary discussions and ensure they agree with the terms without legally committing to them.

Agreement for Purchase and Sale of Real Property (Standard Form 580-T): This type of contract is used for the sale and purchase of commercial real estate and can be used for any form and format of commercial property, including vacant land to be developed commercially and commercial properties that are either owner- ...

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If the transaction is exempt from the N. C.. Residential Property Disclosure Act, then enter one of the following: (1) Court Ordered Transfer; (2) Borrower to ... If the sale involves new construction that has been completed, use the current standard New Construction. Addendum (NCAR/NCBA Form 2A3-T) or consult a NC real ...Jan 24, 2008 — The offer to purchase and contract must clearly state the amount to be paid for the real estate, the method of payment, and the time of payment. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, which includes the following ... Click Buy now and create your account. If you already have an existing one, select to log in. Pick the pricing {plan, then a suitable payment method, and ... by LA Finger · 1986 — In North Carolina, a written contract for the sale of land that does not state the purchase price is unenforceable by the seller against the buyer. The. 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. A BILL TO BE ENTITLED. 1. AN ACT TO REGULATE "SUBJECT TO" REAL ESTATE TRANSACTIONS. 2. The General Assembly of North Carolina enacts:. All sales of real property, under a power of sale contained in any mortgage or deed of trust to secure the payment of money, by any mortgagee or trustee, ... A purchase-money mortgage is a mortgage issued to the borrower by the seller of the home as part of the purchase transaction.

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