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Contract To Sell With Assumption Of Mortgage Template for United States

A legal document used in the United States that combines a property sale agreement with the transfer of an existing mortgage from seller to buyer. This contract outlines the terms of both the property sale and the mortgage assumption, including purchase price, payment terms, and conditions for lender approval. It ensures compliance with federal and state real estate laws while protecting the interests of all parties involved in the transaction.

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What is a Contract To Sell With Assumption Of Mortgage?

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.

What sections should be included in a Contract To Sell With Assumption Of Mortgage?

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

What sections are optional to include in a Contract To Sell With Assumption Of Mortgage?

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

What schedules should be included in a Contract To Sell With Assumption Of Mortgage?

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) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Document Type

Sales Contract

Sector

Sales

Cost

Free to use

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