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Loan Assumption Agreement for the United Kingdom

Loan Assumption Agreement Template for United States

A Loan Assumption Agreement is a legal document used in the United States that facilitates the transfer of loan obligations from one party to another. This agreement allows a new borrower to take over the existing loan obligations of the original borrower, subject to the lender's approval and under U.S. federal and state lending laws. The document outlines the terms of assumption, including payment schedules, interest rates, and any modifications to the original loan terms, while ensuring compliance with relevant banking regulations and consumer protection laws.

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What is a Loan Assumption Agreement?

A Loan Assumption Agreement becomes necessary when an existing borrower wishes to transfer their loan obligations to another party, commonly seen in real estate transactions or business transfers. This document type is particularly relevant in the United States where strict federal and state regulations govern lending practices. The agreement must comply with various laws including TILA, RESPA, and state-specific lending requirements. A properly structured Loan Assumption Agreement will detail the original loan terms, specify any modifications, outline the assuming party's obligations, and address whether the original borrower is released from liability. It's particularly common in mortgage assumptions where FHA or VA loans are involved, as these often have specific assumption provisions built into their terms.

What sections should be included in a Loan Assumption Agreement?

1. Parties: Identifies original lender, new borrower, and original borrower

2. Background: Details of original loan and circumstances leading to assumption

3. Definitions: Key terms used throughout the agreement including loan amount, interest rate, and payment terms

4. Assumption Terms: Core terms of assumption including amount being assumed, interest rate, payment schedule, and effective date

5. Representations and Warranties: Statements of fact by assuming party regarding their capacity and ability to assume the loan

6. Conditions Precedent: Requirements that must be met before assumption becomes effective

7. Covenants: Ongoing obligations of the assuming party under the loan

What sections are optional to include in a Loan Assumption Agreement?

1. Release of Original Borrower: Terms and conditions for releasing the original borrower from their obligations under the loan

2. Security Provisions: Details of any collateral or security arrangements supporting the loan

3. Insurance Requirements: Specific insurance obligations required to maintain the loan

4. Default and Remedies: Consequences and available remedies in case of default under the assumed loan

What schedules should be included in a Loan Assumption Agreement?

1. Schedule A - Original Loan Agreement: Copy of the original loan agreement being assumed

2. Schedule B - Payment Schedule: Detailed schedule of payments under the assumed loan

3. Schedule C - Property Description: Legal description of any real property securing the loan

4. Schedule D - Due Diligence Documents: Financial statements, credit reports, and other documentation of assuming party

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses
























Industries

Truth in Lending Act (TILA): Federal law requiring clear disclosure of lending terms and costs to protect consumers in credit transactions

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes and prohibiting kickbacks and referral fees in real estate transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Dodd-Frank Wall Street Reform Act: Comprehensive financial reform legislation affecting lending practices and consumer protection in financial transactions

State Usury Laws: State-specific laws regulating maximum interest rates and charges that can be applied to loans

State Lending Regulations: State-specific rules governing lending practices, requirements, and restrictions within the state jurisdiction

State Contract Laws: State-specific laws governing the formation, execution, and enforcement of contracts

State Property Laws: State-specific laws governing real estate transactions and property rights when loan involves real property

UCC Article 3: Uniform Commercial Code article governing negotiable instruments and their transfer

UCC Article 9: Uniform Commercial Code article governing secured transactions and security interests in personal property

FHA Regulations: Federal Housing Administration rules governing the assumption of FHA-insured mortgages

VA Regulations: Department of Veterans Affairs rules governing the assumption of VA-guaranteed loans

GSE Guidelines: Fannie Mae and Freddie Mac requirements for assumption of conventional mortgages they own or guarantee

CFPB Regulations: Consumer Financial Protection Bureau rules protecting consumers in financial transactions including loan assumptions

Banking Regulations: Federal and state regulations governing financial institutions' lending practices and loan assumptions

Bankruptcy Laws: Federal laws affecting the treatment of loans and assumptions in bankruptcy proceedings

State Disclosure Requirements: State-specific requirements for disclosures that must be made during loan assumption processes

Teams

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