Middlesex Massachusetts Assumption Agreement of Mortgage and Release of Original Mortgagors

State:
Massachusetts
County:
Middlesex
Control #:
MA-ED1014
Format:
Word; 
Rich Text
Instant download

Description

This Assumption Agreement of Deed of Trust and Release of Original Mortgagors form is for the lender, mortgagees and new purchasers to sign whereby the new purchasers of the property assume and agree to pay the debt to the lender, and the lender releases the original mortgagors from any future liability on the loan.

The Middlesex Massachusetts Assumption Agreement of Mortgage and Release of Original Mortgagors is a legal document that involves the transfer of an existing mortgage and the subsequent release of the original mortgagors from their mortgage obligations. This agreement is commonly used in Middlesex County, Massachusetts, to facilitate the transfer of property ownership between parties. The Assumption Agreement of Mortgage essentially allows a new buyer or transferee to assume the mortgage obligations and responsibilities from the original mortgagors. The new buyer, often referred to as the "assumption," agrees to take over the existing mortgage on the property and become the new borrower. This agreement involves the consent and approval of both the lender and the original mortgagors. Key elements in the Middlesex Massachusetts Assumption Agreement of Mortgage include the identification of the property subject to the mortgage, the names and contact information of the original mortgagors, the assumption, and the lender. The terms and conditions of the mortgage, such as the interest rate, repayment schedule, and any applicable fees or penalties, should also be clearly outlined. It is important to note that there may be different types of Middlesex Massachusetts Assumption Agreement of Mortgage and Release of Original Mortgagors, depending on the specific circumstances of the property transfer. These variations could include: 1. Partial Assumption Agreement: In some cases, only a portion of the mortgage balance is assumed by the new buyer, while the original mortgagors remain responsible for the remaining balance. This partial assumption allows for the transfer of ownership without fully releasing the original mortgagors from their obligations. 2. Assumption with Modifications: This type of assumption agreement may involve negotiating and modifying certain terms of the original mortgage. The assumption and the lender may agree to change the interest rate, extend the repayment period, or adjust the monthly payments to better suit the new buyer's financial situation. 3. Release of Original Mortgagors: Once the assumption agreement is signed and approved, a Release of Original Mortgagors is typically issued. This document serves as proof that the original mortgagors have been released from their mortgage liability, effectively transferring the responsibility to the assumption. Overall, the Middlesex Massachusetts Assumption Agreement of Mortgage and Release of Original Mortgagors is an essential legal instrument used in property transfers within Middlesex County. This agreement protects the interests of both the original mortgagors and the new buyers, ensuring a smooth transition of ownership while maintaining the integrity of the mortgage contract.

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FAQ

On an assumption, the funding fee is 0.5% of the existing mortgage balance and is paid by the new home buyer at closing.

Assumption and Release means the agreement to be entered into by ADI, the Subsidiary Borrower and the Administrative Agent pursuant to which the Subsidiary Borrower assumes all of the Obligations and becomes the ?Borrower?, in each case for all purposes of this Agreement and the other Loan Documents, and ADI is

An assumable mortgage allows someone to find a house they want to buy and take over the seller's existing home loan without applying for a new mortgage. This means the remaining balance, mortgage rate, repayment period and other loan terms stay the same, but the responsibility for the debt is transferred to the buyer.

In real estate transactions, an assumption agreement allows a third party to ?assume? or take over the loan of the property's seller. Mortgages may be assumed when the house is sold, a divorcing spouse is awarded the property in a settlement or when someone inherits property.

Assumption agreements are prepared by the existing lender of record with their knowledge and approval, and they are signed by the buyer during escrow. Sometimes, the seller is also required to sign the assumption agreement in order to fully release them from any responsibility.

You're limited to the current lender ? If you'd like to assume a mortgage, you must still apply for the loan and meet all of the lender's requirements as if the loan were newly originated. Without the lender's consent, the assumption cannot happen.

Tips for Home Loan Assumptions Until the seller is released from liability by the lender, they are responsible for the debt, and nonpayment by the would-be assumer of the loan could negatively impact their credit score. It's also important to accurately value the property before assuming the loan.

A deed of release literally releases the parties to a deal from previous obligations, such as payments under the term of a mortgage because the loan has been paid off. The lender holds the title to real property until the mortgage's terms have been satisfied when a deed of release is commonly entered into.

In consideration of the assumption of the Debtor's Liabilities, the Creditor (a) agrees to look solely to the Assuming Party for the payment and the performance of the Liabilities; and (b) forever releases and discharges the Debtor from the Liabilities.

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Somerville, Massachusetts. Case Number PB 2014-29.Items 6 - 11 — Fills out Deed, Affordable Housing. Restriction, and Affordable Housing.

Item 12 — Title. Item 13 — City of Cambridge, Massachusetts. Case Number PB 2014-29. Items 12, 13 and 14 — Fills out Deed, Property; City of Cambridge, Massachusetts. Item 14-P — Fills out Deed, Mortgage-related Services, Home Loan, Serviced Unit, Serviced Rent, and Serviced Lease. [Item 14-P does not appear in the Deed and does not need to be included in the application for the unit as it is contained in the Deed.] Item 15 — City of Somerville, Massachusetts. Case Number PB 2014-29. Items 15, 16 and 17 — Fills out Deed, Mortgage-related Services, Home Loan, Serviced Unit, Serviced Rent, and Serviced Lease. Item 17—Mortgage Servicing Fees. If the borrower makes the application fee payments on the loan, or it is more than the amount specified above, the loan proceeds may be used to pay the fee. If the fee is less than the amount specified above, the proceeds of application fee payments shall be deposited into the City of Somerville General Fund.

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Middlesex Massachusetts Assumption Agreement of Mortgage and Release of Original Mortgagors