New Term: Assumable Mortgage

New Term: Assumable Mortgage

Investor · MA · Member since 2019 · 122 posts · 11 votes

Today, I came across a term for me: Assumable Mortgage. As delved into it to learn more, I found that these loans are virtually non-existent anymore? Is that for the exception of FHA or VA backed loans?

Diving even deeper at Youtube University, I came across a video that presented a workaround for an assumable mortgage. 

Basically, the owner agrees to participate for whatever reason. Most likely the house is in distress, in disrepair, need to relocate, whatever. You offer to assume the mortgage. (The video mentioned the term "wrap" which is how you will explain it to the title company) 

Part of the process is getting the deed transferred to your name either via quitclaim or title company, which I assume is a warranty deed. 

In addition, set up Power of Attorney which allows you to communicate with the bank on the owner's behalf. This gives you the ability to pay the mortgage, taxes, negotiate, etc. etc. 

Although banks no longer allow assumable loans, they do allow the property to be placed into a trust. Because you have power of attorney, you are able to communicate with the bank to find out what type of trust is allowed. 

The next step is to set up the trust with you as the trustee. As the trustee, you have the ability to control what goes on with the property. You can rent, sell and I would assume cashout refinance. 

This is just a summary of the process. I didn't get into balance on the loan, equity, after repair value and all that. I'm just wondering if all this makes sense and sounds legitimate? 

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Investor · North Hanover, NJ · Member since 2015 · 75 posts · 34 votes
6y

@Keith W.Why try to assume the mortgage when you could purchase the property subject to?  In your original post you mentioned the seller plans to agree, as they are in distress, property is in disrepair or they need to relocate.  The concern most buyers/investors express when they are considering subject to is the "due on sale" clause of the mortgage.  I'm not saying that is not a concern, but my experience is that was more common when interest rates were high, i.e. the bank could call a lower interest loan because they could get a better return on their money.  Interest rates are ridiculously low now so not so much an issue.  Also, I have done subject to and know lots of others that have, and as long as the mortgage payments get made the lenders are happy.  

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  • Rental Property Investor · Port Coquitlam, BC · Member since 2017 · 520 posts · 527 votes
    6y
    Assumable mortgages still exist (at least in Canada). We purchased our last MF property by assuming the seller's mortgage.  Mom and pop owners had every unit under market rent, so NOI didn't work for traditional financing.  The assumed mortgage has been fantastic as we got a good deal and have added lots of value by doing updates, increasing rents, and managing expenses.  Going through refi now...
  • Investor · MA · Member since 2019 · 122 posts · 11 votes
    6y

    Cool. Wonder if it’s a US Bank thing about no assumptions. 

    I would look at it as an option to

  • Investor · MA · Member since 2019 · 122 posts · 11 votes
    6y

    I would look at it as an option to help the seller, along with short sale or cash purchase. 

  • Rental Property Investor · Port Coquitlam, BC · Member since 2017 · 520 posts · 527 votes
    6y
    Brian Murray (ep 126) wrote about assumable mortgages in his book "Crushing It" (2017)...
  • Investor · MA · Member since 2019 · 122 posts · 11 votes
    6y

    Thanks. I’ll check it out. 

  • Investor · North Hanover, NJ · Member since 2015 · 75 posts · 34 votes
    6y

    @Keith W.Why try to assume the mortgage when you could purchase the property subject to?  In your original post you mentioned the seller plans to agree, as they are in distress, property is in disrepair or they need to relocate.  The concern most buyers/investors express when they are considering subject to is the "due on sale" clause of the mortgage.  I'm not saying that is not a concern, but my experience is that was more common when interest rates were high, i.e. the bank could call a lower interest loan because they could get a better return on their money.  Interest rates are ridiculously low now so not so much an issue.  Also, I have done subject to and know lots of others that have, and as long as the mortgage payments get made the lenders are happy.  

  • Investor · MA · Member since 2019 · 122 posts · 11 votes
    6y

    @Kevin Zimmer Thank God for the internet! “Subject to” is yet another term I never heard. I just googled it and found that it means taking control of the title but the loan stays in the name of the seller. I’d this what you’re referring too? 

    How would that affect my end- game which is to add value to the property, then cash out refinance into a new mortgage under my own name? 

  • Investor · North Hanover, NJ · Member since 2015 · 75 posts · 34 votes
    6y

    I'm not an attorney so no legal advice being offered.  And I'm not an expert in mortgages.   I'm not sure how you will cash out/ refinance.  Normally when you purchase the property, the money to buy the property is a purchase money mortgage, and it is taken at the time of sale/property title transfer.  If you plan on doing that, why aren't you doing it right now?

    If you do the subject to you will own the property, so the mortgage would be a refinance.  If you already have a lender in mind it wouldn't hurt for you to contact them and ask them how they would handle this.   

    bimo this would absolutely work.  It would be quick, you just need to do the deed from seller to you, writing the consideration as you taking over payments on his loan, any back payments you might be making for seller etc. 

    Is this a home you plan to live in, rent or flip? 

  • Rental Property Investor · Clarksville, TN · Member since 2016 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Keith W.:

    @Kevin Zimmer Thank God for the internet! “Subject to” is yet another term I never heard. I just googled it and found that it means taking control of the title but the loan stays in the name of the seller. I’d this what you’re referring too? 

    How would that affect my end- game which is to add value to the property, then cash out refinance into a new mortgage under my own name? 

    So subject to has some risk, but as long as the bank is getting paid, the chances of them stepping in and exercising any due on sale clauses is very low. For all the warnings about it, I have never met anyone that even knows of someone that had a due on sale clause exercised if payments were current. When you take a property subject to, you own the property. When you cash out refi, the refi pays off the first lien and eliminates the previous owner's involvement at all. It works just like any other refinance whether it is cash out or rate/term.

    FYI, it is a colossal pain to get any service out of the lienholder in a subject to deal. Even with the power of attorney, they will flat out refuse initially and sometimes you won't be able to get through on the phone. It's easier to just have the seller on the phone with you whenever you call. Almost all new mortgages in the US are not assumable.

  • Investor · MA · Member since 2019 · 122 posts · 11 votes
    6y

    Ok. Thanks for the update. It’s just good to know that it could be an option if needed when trying to acquire distressed property. 

    We would like to market it as a solution to help the homeowner keep a foreclosure off their record, while getting out from under the debt. At the same time, we could acquire the property without actually leveraging a large amount of cash; just what’s needed for adding value. 

    Of course all of the numbers need to make sense as well. 

    These are things we used to find out the hard way before the information highway! 

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