Transfer of Mortgage Defintion

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Transfer of Mortgage Defintion

What Is a Transfer of Mortgage?

An existing mortgage (a loan to buy a property, often a residential one, using the property as security) is assigned from the present holder to another person or company in a transfer of mortgage transaction. In order to avoid defaulting and going into foreclosure, homeowners who are unable to make their mortgage payments on time may apply for a transfer.

key takeaways

  • A transfer of mortgage occurs when an existing mortgage, often secured by a residence, is transferred from the present holder to another individual or organization.
  • Not all mortgages can be transferred; in the event that they can, the lender has the authority to consent to the individual taking on the debt.
  • A due on sale condition, which prevents a house seller from transferring a mortgage to a buyer, is often included in mortgage loans by mortgage lenders.

How a Transfer of Mortgage Works

In order to benefit from earlier interest rates that could have been lower than those of the present market, a buyer would opt to take on an older mortgage. If the mortgage transfer goes through without issues or restrictions, the loan’s conditions and tenure would stay the same, leaving just the outstanding sum to be repaid. A buyer may also be able to avoid paying closing expenses connected with getting a new mortgage by transferring the mortgage.

Not every mortgage may be transferred. The mortgage is termed to be “assumable” if it is. The mortgage lender must confirm that the person or organization taking over the loan has sufficient income and a solid credit history to be able to make payments on time before allowing the mortgage to be transferred.

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A borrower may need to look into alternative options if they are unable to transfer a mortgage owing to the loan’s underwriting in order to prevent foreclosure. They may, for instance, check with their lender to see whether it is feasible to add another owner or borrower to the mortgage, allowing that person to contribute to the outstanding loan sum. Alternately, they can decide to sell the house and ask a prospective purchaser, a friend, a relative, or any other person to agree to cover the difference between the selling price of the house and the outstanding loan sum.

Special Considerations for Transfer of Mortgage

A provision in the mortgage that stipulates that the remaining amount of the loan is payable upon the sale of the property may be included by lenders who want to prevent a transfer of the mortgage. This due on sale provision guarantees that homeowners cannot transfer their mortgage to the buyer when they sell their homes, which might be important when a purchaser makes an offer, particularly if the mortgage interest was less than the current market rates. These conditions effectively oblige the seller to get a new mortgage in order to complete the sale and force the buyer to repay the seller’s debt in full, maybe with the profits of the sale.

The due-on-sale provision may not be enforced by lenders in certain circumstances even when ownership has changed under the 1982 Garn-St. Germain Act.

By shifting the mortgage to a member of one’s immediate family or to a spouse from whom one is legally separated or divorced, one might avoid being subject to such a “due on sale” condition. A family member may be moving into the house as a consequence of an inheritance received after the borrower passed away. The lender may not have a case to block the transfer of the mortgage in this situation. The mortgage may typically be transferred as well if the property is transferred to a living trust and the borrower is the trust’s beneficiary.

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