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South 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 South Carolina Contract for the Sale of Residential Property Assuming Existing Loan and Giving Seller Purchase Money Mortgage or Deed of Trust is a legal agreement used in real estate transactions in the state of South Carolina. This contract outlines the terms and conditions of a property sale where the buyer assumes the existing loan on the property and the seller provides a purchase money mortgage or deed of trust. Keywords: South Carolina, contract, sale, residential property, assuming existing loan, purchase money mortgage, deed of trust In South Carolina, there are various types of contracts for the sale of residential property assuming existing loans and giving the seller a purchase money mortgage or deed of trust, including: 1. South Carolina Contract for Sale of Residential Property Assuming Existing FHA Loan and Giving Seller Purchase Money Mortgage or Deed of Trust: This contract specifically applies when the buyer assumes an existing loan insured by the Federal Housing Administration (FHA). It sets forth the obligations and responsibilities of both parties in such a transaction. 2. South Carolina Contract for Sale of Residential Property Assuming Existing VA Loan and Giving Seller Purchase Money Mortgage or Deed of Trust: This contract is used when the buyer assumes an existing loan backed by the Department of Veterans Affairs (VA). It outlines the buyer's agreement to take over the VA loan and the seller's provision of a purchase money mortgage or deed of trust. 3. South Carolina Contract for Sale of Residential Property Assuming Existing Conventional Loan and Giving Seller Purchase Money Mortgage or Deed of Trust: This contract applies when the buyer assumes an existing conventional loan. It defines the terms of assuming the loan and the seller's agreement to provide a purchase money mortgage or deed of trust. 4. South Carolina Contract for Sale of Residential Property Assuming Existing USDA Loan and Giving Seller Purchase Money Mortgage or Deed of Trust: This contract is used when the buyer assumes an existing loan guaranteed by the United States Department of Agriculture (USDA). It sets out the terms of assuming the loan and the seller's obligation to provide a purchase money mortgage or deed of trust. Each type of contract mentioned above includes specific terms and conditions related to the assumption of the existing loan, the amount and terms of the purchase money mortgage or deed of trust, and other relevant details required for a legally binding agreement. Note: It is important to consult with a real estate attorney or professional when drafting or entering into any legal contracts to ensure compliance with South Carolina state laws and regulations.

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A mortgage is considered ?assumable? if the loan agreement allows the original borrower to transfer their loan to someone else. In this case, the buyer of the home would simply take over the seller's existing loan, and the current rate, terms and balance would stay the same.

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

How much does a loan assumption cost? You'll have to pay closing costs on a loan assumption, which are typically 2-5% of the loan amount. But some of those may be capped. And you're unlikely to need a new appraisal.

Keep in mind that the average loan assumption takes anywhere from 45-90 days to complete. The more issues there are with underwriting, the longer you'll have to wait to finalize your agreement.

If the buyer is gaining a lower interest rate, the seller may find it easier to negotiate a price closer to the fair market asking price. The seller may also benefit from using the assumable mortgage as a marketing strategy to attract buyers.

The most important document in the loan assumption process is the deed of trust, which adds your name to the mortgage and absolves the original borrower of any obligations under the agreement, assuming a novation. All parties will be required to sign the final documents.

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.

To qualify for an assumable mortgage, lenders will check a buyer's credit score and debt-to-income ratio to see if they meet minimum requirements. Additional information such as employment history, explanations of income for each applicant, and asset verification for a down payment may be needed to process the loan.

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PROPERTY TO BE SOLD: Subject to terms and conditions herein, Seller agrees to sell and Buyer agrees to buy the following described property with improvements ... Fill and Sign the Contract for the Sale of Residential Property Assuming Existing Loanand Giving Seller Purchase Money Mortgage or Deed of Trust Form.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. 2.2.4 The balance of the Purchase Price for the Property shall be paid to and received by Escrow Agent by wire transfer of Good Funds no later than 10:00 a.m. ( ... A purchase-money mortgage is a mortgage issued to the borrower by the seller of the home as part of the purchase transaction. 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 ... (32) "Trust funds" means funds received on behalf of another person by a licensee in the course of performing a real estate activity. (33) "Transaction broker" ... 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 ... - The loan giving rise to the mortgage was not in contemplation of the sale. ... This affidavit is being given in connection with a sale of real estate pursuant ... Jul 25, 2023 — A Land Contract (or Contract for Deed) is a contract between a seller and buyer of real estate, where the seller provides the financing for the ...

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