# Assumable Mortgage Agreement
**This Assumable Mortgage Agreement (“Agreement”) is made and entered into this [Date] by and between:**
**Seller:**
- Name: [Seller’s Full Name]
- Address: [Seller’s Address]
- Phone: [Seller’s Phone Number]
- Email: [Seller’s Email]
**Buyer:**
- Name: [Buyer’s Full Name]
- Address: [Buyer’s Address]
- Phone: [Buyer’s Phone Number]
- Email: [Buyer’s Email]
**Property:**
- Address: [Property Address]
- Legal Description: [Legal Description of the Property]
## 1. Background
The Seller currently holds a mortgage on the Property with [Lender’s Name], having the mortgage account number [Account Number], under the original loan amount of [Original Loan Amount], with an outstanding balance of approximately [Outstanding Balance] as of [Date].
## 2. Assumption of Mortgage
The Buyer agrees to assume the existing mortgage held by the Seller under the terms outlined in this Agreement. The Buyer will take on the responsibility for the remaining mortgage payments, subject to approval from the lender.
## 3. Terms of Payment
- **Monthly Payment:** The Buyer agrees to make monthly payments of [Amount] to [Lender’s Name].
- **Payment Due Date:** Payments shall be due on the [Due Date] of each month.
- **Interest Rate:** The mortgage carries an interest rate of [Interest Rate]% per annum.
## 4. Lender Approval
This Agreement is contingent upon the approval of the lender, [Lender’s Name], for the assumption of the mortgage by the Buyer. The Buyer agrees to apply for and secure in writing the lender's consent to assume the mortgage.
## 5. Representations and Warranties
The Seller represents and warrants that:
- The Seller is the legal owner of the Property.
- The mortgage is not in default, nor has there been any act or omission that would constitute a default.
The Buyer represents and warrants that:
- The Buyer is financially capable of making the monthly payments and fulfilling the obligations of the mortgage.
## 6. Closing Costs
The undersigned parties agree that all closing costs associated with the assumption of this mortgage shall be the responsibility of [Buyer/Seller/Both Parties], including but not limited to lender fees, title Insurance, and recording fees.
## 7. Indemnification
The Buyer agrees to indemnify and hold the Seller harmless from any and all claims, damages, or liabilities arising from the Buyer’s assumption of the mortgage.
## 8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
## 9. Entire Agreement
This Agreement constitutes the entire understanding between the Seller and Buyer regarding the assumption of the mortgage and supersedes all prior discussions, agreements, or understandings.
## 10. Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Assumable Mortgage Agreement as of the day and year first above written.
**Seller:**
Signature: ____________________________
Name: [Seller’s Full Name]
Date: _________________________________
**Buyer:**
Signature: ____________________________
Name: [Buyer’s Full Name]
Date: _________________________________
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**Disclaimer:** This template is provided for informational purposes only and should not be construed as legal advice. It is recommended that the parties seek legal counsel to ensure compliance with applicable laws and regulations.