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Oregon 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 Oregon 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 governs the sale of residential properties in the state of Oregon. This contract is typically used when a buyer wishes to purchase a property with an existing loan, and the seller agrees to assume the loan with the buyer's cooperation. The Oregon Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust includes various clauses and provisions to protect both the buyer and the seller throughout the transaction. It outlines the terms of the assumption of the existing loan, as well as the specifics of the purchase money mortgage or deed of trust granted by the seller. One type of Oregon Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust is the fixed-rate assumption agreement. In this type of agreement, the buyer assumes a fixed-rate mortgage from the seller, and they both agree on the interest rate and repayment terms. This is a common type of agreement that ensures stability for both parties involved. Another type of Oregon Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust is the adjustable-rate assumption agreement. In this case, the buyer assumes an adjustable-rate mortgage from the seller, and both parties agree to the terms and conditions of the loan, including any provisions for rate adjustments. The Oregon Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust also includes provisions for the seller's representations and warranties regarding the property, the buyer's right to inspect the property, and the remedies available to either party in case of default or breach of contract. Overall, the Oregon Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust is a comprehensive and legally binding agreement that ensures a smooth and transparent sale of residential properties in Oregon. It provides clear guidelines for the assumption of an existing loan and the granting of a purchase money mortgage or deed of trust by the seller, protecting the rights and interests of both parties involved in the transaction.

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FAQ

onsale clause is a mortgage provision that requires the borrower to repay the lender in full if the property is sold. By contrast, assumable mortgages allow the property's new buyer to take over the existing mortgage.

Since Oregon is a tax deed state, that means the county seizes properties for nonpayment of property taxes and sells them at auction. Starting bids are around the amount of the delinquent property taxes owed, which are a small percentage of the assessed value.

Most importantly, an alienation clause prevents a homebuyer from assuming the current mortgage on the property. Without this clause, the new owner could assume the existing mortgage and repay it at that interest rate, rather than obtaining a new loan at prevailing rates.

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

While an alienation clause is activated when you sell your home, an acceleration clause becomes effective when you fail to meet a requirement of your loan terms. The most common reason is a missed mortgage payment. Both clauses require you to pay back the full balance owed on your loan with accrued interest at once.

The defeasance clause prevents a buyer from assuming the mortgage. A lender is charging an origination fee of 1.5% on a new mortgage loan of $300,000.

Mortgage alienation clauses prevent assumable mortgage contracts from occurring. An alienation clause requires a mortgage lender to be immediately repaid if an owner transfers ownership rights or sells a collateral property.

Virtually all voluntary liens secured by Oregon real estate are trust deeds and are therefore governed by the Oregon Trust Deed Act, ORS 86.705 ? 86.795, which has been in existence since 1959.

Virtually all voluntary liens secured by Oregon real estate are trust deeds and are therefore governed by the Oregon Trust Deed Act, ORS 86.705 ? 86.795, which has been in existence since 1959.

An Oregon deed of trust is a contract in which the title to one's real estate is assigned to a third-party trustee to provide security (collateral) for a home loan.

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Buyer makes the following representations to Seller: (1) Buyer shall submit to Buyer's Lender or mortgage broker a completed loan application for purchase of ... Oregon trust deeds are a statutorily recognized process for obtaining an interest in real property to secure an obligation for repayment of a loan – usually, ...Fill and Sign the Contract for the Sale of Residential Property Assuming Existing Loanand Giving Seller Purchase Money Mortgage or Deed of Trust Form. (g) “Short sale” means a sale of residential property that is subject to foreclosure under ORS 86.705 to 86.815 or ORS chapter 88 for an amount that is less ... A “seller-carried” real estate transaction is one in which the buyer does not obtain third- party financing. Instead, the seller carries back a note and trust ... (b) Disclose the presence of the request for notice of transfer or encumbrance in any report preliminary to, or any commitment to offer, a certificate of title ... Make use of the Search field at the top of the web page if you want to look for another file. Click Buy Now and choose a preferred pricing plan. Create an ... 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 ... Jul 25, 2023 — You can transfer real estate to someone without selling it, but you can't sell it without transferring the property title to the new buyer. Discourages overlending on undervalued property. 2. Oregon Laws. a. You can't get a deficiency judgment against a purchase money mortgage (financed from seller).

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