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Car Loan Assumption Agreement Form for the United States

Car Loan Assumption Agreement Form Template for United States

A Car Loan Assumption Agreement Form is a legal document used in the United States that facilitates the transfer of an existing car loan from one borrower to another. This agreement outlines the terms under which the assuming party takes over the remaining loan balance, interest rate, and payment obligations from the original borrower, with the lender's consent. The document must comply with federal regulations including TILA and state-specific lending laws.

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Car Loan Assumption Agreement Form

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What is a Car Loan Assumption Agreement Form?

The Car Loan Assumption Agreement Form is utilized when an individual wishes to take over another person's existing car loan obligations. This document is particularly relevant in situations where a vehicle owner needs to transfer their loan responsibilities to another party, such as in family transfers or financial hardship cases. The agreement must comply with U.S. federal regulations and state-specific requirements, including the Truth in Lending Act and various consumer protection laws. It typically includes details about the vehicle, remaining loan balance, payment terms, and releases the original borrower from future obligations while binding the assuming party to the loan terms.

What sections should be included in a Car Loan Assumption Agreement Form?

1. Parties: Identifies original borrower, assuming party, and lender

2. Background: Details of original loan agreement and reason for assumption

3. Definitions: Key terms used throughout the agreement

4. Assumption Terms: Core terms of the assumption including remaining balance, interest rate, payment schedule

5. Representations and Warranties: Statements of fact by all parties

6. Release of Original Borrower: Terms of release for original borrower

7. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Car Loan Assumption Agreement Form?

1. Co-signer Provisions: Additional terms and obligations when a co-signer is involved in the assumption

2. Insurance Requirements: Specific insurance requirements for the vehicle when required by lender

3. Security Interest: Details of lien on vehicle and additional security documentation requirements

What schedules should be included in a Car Loan Assumption Agreement Form?

1. Vehicle Description Schedule: Detailed description of vehicle including VIN, make, model, year

2. Payment Schedule: Detailed breakdown of remaining payments

3. Original Loan Agreement: Copy of the original loan agreement being assumed

4. Credit Application: Assuming party's credit application and approval documentation

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses

























Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about loan terms and costs to protect consumers in credit transactions

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

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

CFPB Regulations: Consumer Financial Protection Bureau regulations governing consumer financial products and services, including auto loans

FTC Regulations: Federal Trade Commission regulations protecting consumers from unfair or deceptive practices in auto financing

State Consumer Protection Laws: State-specific laws designed to protect consumers from unfair practices in financial transactions

State Banking Regulations: State-specific rules governing banking and lending operations within the state

State Usury Laws: State laws setting maximum interest rates that can be charged on loans

State Auto Financing Regulations: State-specific rules governing vehicle financing and related transactions

State Contract Laws: State laws governing the formation, execution, and enforcement of contracts

UCC Article 2: Uniform Commercial Code article governing sales of goods, including vehicles

UCC Article 9: Uniform Commercial Code article governing secured transactions, including vehicle liens

Securities Laws: Federal and state laws governing securitization of auto loans

Bankruptcy Laws: Federal laws governing bankruptcy proceedings that may affect loan assumptions

Fair Debt Collection Practices Act: Federal law regulating the conduct of debt collectors and protecting consumers from abusive practices

State Vehicle Transfer Requirements: State-specific rules governing the transfer of vehicle ownership and registration

State DMV Regulations: State Department of Motor Vehicles rules regarding vehicle titles, liens, and transfers

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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