Frequently Asked Questions (and Answers!)

Is an Assumable Loan the Same as Subject To?

 

No. An assumable loan and a subject to loan are two different types of loan agreements.

An assumable loan is a mortgage loan that can be transferred to a new buyer when a property is sold. This means that the new buyer can take over the existing mortgage loan, assuming the terms and conditions of the loan, and become responsible for making the mortgage payments. In an assumable loan, the original borrower is released from the responsibility of the loan, and the new buyer assumes it.

On the other hand, a loan subject to is a type of loan agreement in which the new buyer agrees to take ownership of the property subject to the existing mortgage. In this case, the original borrower remains responsible for the mortgage loan, and the new buyer assumes ownership of the property subject to the mortgage payments being made. The new buyer is not legally responsible for the loan, but if the original borrower defaults, the lender may foreclose on the property, leaving the new buyer without the property.

In summary, an assumable loan allows the new buyer to assume the mortgage and take over responsibility for the loan, while a loan subject to allows the new buyer to take ownership of the property subject to the existing mortgage, with the original borrower remaining responsible for the loan.

 

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