Legal Topics

When Can an Existing Mortgage Be Assumed?

The primary obstacle is the “due-on-sale” clause allowing lenders to demand full repayment when ownership transfers.

Freely Assumable Loans

Loans without due-on-sale clauses are freely assumable, including many older VA and FHA loans.

Residential Exceptions

  • Transfers to relatives following borrower's death
  • Transfers to ex-spouses in divorce settlements
  • Transfers to spouses or children
  • Transfers into estate planning trusts
  • Placement of secondary mortgages

Recommendation

Obtain any lender approval in writing.

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