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Assumption
of Mortgage
An obligation undertaken by the purchaser of property to be personally
liable for payment of an existing mortgage. In an assumption, the purchaser
is substituted for the original mortgagor in the mortgage instrument and
the original mortgagor is to be released from further liability in the
assumption, the mortgagee's consent is usually required.
The original mortgagor
should always obtain a written release from further liability if he desires
to be fully released under the assumption. Failure to obtain such a release
renders the original mortgagor liable if the person assuming the mortgage
fails to make the monthly payments.
An "Assumption
of Mortgage" is often confused with "purchasing subject to a
mortgage." When one purchases subject to a mortgage, the purchaser
agrees to make the monthly mortgage payments on an existing mortgage,
but the original mortgagor remains personally liable if the purchaser
fails to make the monthly payments. Since the original mortgagor remains
liable in the event of default, the mortgagee's consent is not required
to a sale subject to a mortgage.
Both "Assumption
of Mortgage" and "Purchasing Subject to a Mortgage" are
used to finance the sale of property. They may also be used when a mortgagor
is in financial difficulty and desires to sell the property to avoid foreclosure.
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