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Contract To Sell With Assumption Of Mortgage Template for United States

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Key Requirements PROMPT example:

Contract To Sell With Assumption Of Mortgage

"Need a Contract To Sell With Assumption Of Mortgage for a commercial property in Seattle, where buyer will assume my existing 3.2% fixed-rate mortgage with Wells Fargo, with closing planned for March 2025."

Document background
The Contract To Sell With Assumption Of Mortgage is utilized when a property buyer wishes to take over the seller's existing mortgage rather than obtaining new financing. This document is particularly relevant in the United States when interest rates have increased significantly since the original mortgage was issued, making the existing loan terms more attractive. The contract must comply with federal regulations including TILA and RESPA, as well as state-specific real estate laws. It details the property transfer, purchase price, assumption terms, and requires explicit lender approval to prevent triggering due-on-sale clauses.
Suggested Sections

1. Parties: Identification of seller, buyer, and current mortgage holder

2. Background: Context of the sale and existing mortgage situation

3. Definitions: Key terms used throughout the contract

4. Property Description: Legal description and details of the property being sold

5. Purchase Price and Payment Terms: Total price and payment structure including mortgage assumption details

6. Mortgage Assumption Terms: Specific terms of the mortgage being assumed including balance, interest rate, and payment schedule

7. Lender Approval Requirements: Conditions for lender's approval of the mortgage assumption

8. Closing Conditions: Requirements that must be met before closing

Optional Sections

1. Property Inspection: Terms for property inspection when buyer requests inspection period

2. Seller Financing: Additional financing terms provided by seller when supplementary financing beyond assumed mortgage is needed

3. Property Management: Terms for managing property during transition when property is income-generating or has tenants

4. Insurance Requirements: Specific insurance terms when additional insurance requirements exist beyond standard coverage

Suggested Schedules

1. Property Description Schedule: Detailed legal description of property

2. Existing Mortgage Schedule: Complete details of current mortgage being assumed

3. Title Documents: Copies of relevant title documents

4. Property Inspection Report: Results of property inspection if conducted

5. Lender Approval Documentation: Written approval from lender for mortgage assumption

6. Payment Schedule: Detailed schedule of payments including assumed mortgage payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Real Estate Settlement Procedures Act (RESPA): Federal law requiring lenders to provide home buyers with information about real estate settlement costs and prohibiting kickbacks and referral fees

Garn-St. Germain Depository Institutions Act: Federal law governing due-on-sale clauses and mortgage assumptions, specifying circumstances where lenders must allow assumption of mortgages

Equal Credit Opportunity Act: Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

State Real Estate Laws: State-specific regulations governing real estate transactions, property rights, and transfer requirements

State Contract Laws: State-specific regulations governing formation and enforcement of contracts, including required elements and remedies

State Mortgage Laws: State-specific regulations governing mortgage transactions, foreclosure procedures, and borrower rights

State Recording Requirements: State-specific rules for recording real estate documents and maintaining public records of property ownership

Due-on-Sale Clause Provisions: Contract provisions allowing lender to accelerate loan payment upon property transfer, subject to assumption restrictions

Lender Approval Requirements: Specific conditions and procedures required by the original lender for approving the mortgage assumption

Uniform Commercial Code (UCC): Standardized regulations governing commercial transactions, including secured transactions and property transfers

Property Transfer Tax Laws: State and local tax regulations governing the taxation of real property transfers

Title Insurance Requirements: Legal requirements and standards for title insurance coverage protecting against property ownership disputes

Recording Requirements: Local and state requirements for recording property transfers and mortgage assumptions in public records

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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