Monday, September 23, 2013

Taking over or assuming an existing mortgage

Back when I began to practice law in the 1970s it was quite common for buyers to assume an existing mortgage rather than apply for a new one.  Believe it or not, there are still some loan programs that allow a buyer to still do that.

This article from the Times, Taking Over a Seller’s Loan, addresses the possibility of taking over an existing mortgage in limited cases, primarily with the FHA or VA has insured the loan or it’s an adjustable rate mortgage.
Homeowners with a mortgage insured by the Federal Housing Administration or the Department of Veterans Affairs should consider using their loan terms as a marketing tool when it comes time to sell.
Mortgage loans from both government agencies include a little-known feature known as assumability. In other words, the buyer of a home financed with an existing F.H.A. or V.A. loan may be able to take over, or assume, the seller’s loan, under the same terms, rather than take out a new mortgage.
“You could now have a seller saying, ‘I have a great house to sell you and a great mortgage to go with it, which is better than my neighbor, who only has a great house,’ ” said Marc Israel, an executive vice president of Kensington Vanguard National Land Services and a real estate lawyer. “It’s a very clever idea.”

So what’s the catch? In a rising market, the buyer needs more cash to put down.

When a house sold back in the 70s for $28,000 and had a $25,000 mortgage, the need for cash was $3,000.  But when prices run up by the 10s of thousands of dollars, well, you get my point.

Read the full article.

For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us. We can help. Located in Fairfield, NJ, we are the title insurance agent that does it all for you.

For your next title order or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow AT vested.com
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