A mortgage contract that allows, or does not prohibit, a buyer from assuming the mortgage contract of the seller. When a home buyer assumes responsibility for a home seller's existing mortgage, the buyer assumes all the obligations under the mortgage, just as if the loan had been made to her. Value of Assumptions to Buyers and Sellers: The major driving force behind assumptions is the lower interest rate on the assumed mortgage relative to current market rates. If the home seller has a 5.5% mortgage, for example, and the best the buyer can get in the current market is 7%, both parties can be better off if the buyer assumes the 5.5% loan. An assumption also avoids the settlement costs on a new mortgage. During periods when market rates are low, there is little interest in assumptions. But when rates increase after a long period of low rates, so does the interest in assumptions. The value of an assumption depends on the difference in rate between the old assumed mortgage and a new one; the balance and period remaining on the old loan; the term of the new loan; on how long the buyer expects to have the mortgage; and the 'investment rate'—the rate the buyer could earn on the savings from the lower rate. Assuming that the 5.5% loan has a $100,000 balance with 200 months remaining while the 7% loan would be for 30 years, that the buyer expects to be in the house for five years and can earn 4% on investments, the value is about $7,000. However, buyers should not expect to receive the full value of an assumption. The seller must benefit as well; typically, the parties share the savings. The seller's share will be in the form of a higher price for the house. Indeed, some economists believe that the full value of the assumption should be reflected in the price of the house, but this is as implausible as the opposite view, that only the buyer benefits. Assumptions a Cost to Lenders: The benefit to buyer and seller from assuming an old loan comes at the expense of the lender. Instead of having the 5.5% loan repaid, which would allow the lender to convert it into a new 7% loan, the 5.5% loan stays on the books. Back in the '70s and '80s, lenders couldn't do anything about this. Mortgage notes at that time did not prohibit assumptions, and the courts ruled that lenders could not prevent them. Illegal Assumptions—Wrap-Arounds: Raising the interest rate to the current market rate removes most of the benefit of the assumption to the buyer and seller. In some cases, they attempt to retain the benefit by agreeing to a sale using a wrap-around mortgage, without the knowledge of the lender. The seller takes a mortgage from the buyer, which may be for a larger amount than the balance of the old loan and continues to pay the old mortgage out of the proceeds of the new one. The new mortgage 'wraps' the old one. This is a dangerous business, particularly to the seller, who has given up ownership of the house but retained liability for the mortgage. The seller is in deep trouble if the buyer fails to pay, or if the lender discovers the sale and demands immediate repayment of the original loan. FHA and VA Loans Are Assumable: Loans insured by FHA or guaranteed by VA have always been assumable. During periods when borrowers are concerned about future rate increases, this gives them an edge. Old Loans: FHA loans closed before December 14, 1989 and VA loans closed before March 1,1988 are assumable by anyone. Buyers who assume these mortgages don't have to meet any requirements at all, but the seller remains responsible for the mortgage if the buyer doesn't pay. Any seller who allows assumption by a buyer without a release of liability is looking for trouble. Even if the buyer pays, and that is a crapshoot, the seller's ability to obtain another mortgage will be prejudiced by his continued liability on the old one. If an old FHA or VA is attractive to a buyer, the seller can request that the agency underwrite the buyer. If the buyer is approved, the seller will be released from liability. At this point, there can't be many of these loans left with balances large enough to be attractive to buyers. New Loans: Assumption of FHA and VA loans closed after the dates shown above requires approval of the buyer by the agencies. The process is much the same as it would be for a new borrower. Upon approval of the buyer and sale of the property, the seller is relieved of liability. FHA allows lenders to charge a $500 assumption fee and a fee for the credit report. VA allows a $255 processing fee and a $45 closing fee, and the VA itself receives a funding fee of V£ of 1% of the loan balance. FHA and VA loans that were closed during the low-rate years 1996-2003 will become attractive targets for assumption if interest rates rise in future years.
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