Word of the Week: Assumption

This Week We Define Assumption and How it Works

So what exactly is Assumption? It’s the act of transferring a loan from one borrower to another. So assuming a loan means taking over the seller’s mortgage and continuing to make the payments on it. An assumption generally requires the lender’s approval consistent with the agreement (assumption clause). JS Realty lender man mortgage assumption

For example, some lenders may agree to transfer the seller’s old loan to the buyer, which could benefit the buyer where the existing mortgage has an interest rate below current interest rates. When a buyer assumes a mortgage, they assume personal liability for full payment of the debt. And if the loan is not paid and a foreclosure sale does not satisfy the debt, the new buyer who assumed the loan could be personally liable to pay the outstanding balance. Such payments are court-ordered through a deficiency judgment. In most cases, however, the lender will hold the seller and the buyer jointly and severally liable. That means that the lender may pursue either or both parties to repay the debt. In effect, the buyer becomes a co-guarantor with the original note maker.jsrealty4u assumption handshake

In today’s market we don’t see a lot of loans assumed because rates are at historic lows. Loans tend to be assumed when rates rise dramatically and the current owners rates are more attractive than what is being currently offered. Another key point is that most loans can’t be assumed. Typically they are only available as an option on FHA and VA loans.

If you have additional questions on assumption, different types of loans, or Real Estate questions in general, feel free to contact us!