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What is an assumable mortgage?

An assumable mortgage is a home loan a buyer takes over from the seller, keeping the original interest rate, the remaining balance and the original payoff date. FHA, VA and USDA loans generally allow it (VA charges a 0.5% assumption funding fee on the balance being taken over, unless the person assuming the loan is exempt) while most conventional loans carry a due-on-sale clause that lets the lender demand payment in full the moment the property changes hands.

Seller handing house keys to a buyer on the front steps, illustrating a home sale using an assumable mortgage

The catch is the equity gap. You inherit a balance, you don’t buy at that balance, so you still owe the seller the difference between the sale price and what’s left on the loan, in cash or through a second lien, on top of servicer approval and an assumption fee.

Learn what it means to assume a mortgage, which loan types allow it, what the equity gap costs, and the VA entitlement mistake that follows sellers to their next house. If you’re still comparing programs, start with our Loan Types & Programs guide.

Key takeaways:

  • You inherit the loan, not just the house: The rate, balance and payoff date transfer to you unchanged, and the clock doesn’t restart, a seller 7 years into a 30-year loan hands you the 23 years left, not a fresh 30.
  • FHA, VA and USDA are the assumable three: All three require the servicer to approve you first, VA adds a 0.5% assumption funding fee unless the assumer is exempt, and conventional fixed-rate loans generally can’t be assumed at all.
  • The equity gap is the real hurdle: On a $300,000 sale where the seller still owes $190,000, you bring $110,000 in cash or secondary financing before the assumption can close.

What does it mean to assume a mortgage?

Assuming a mortgage means being substituted as the borrower on a loan that already exists, instead of paying that loan off and originating a new one. The note stays alive. Its rate, its remaining term, its balance and its escrow arrangement carry over to you, and the servicer that was collecting the seller’s payment starts collecting yours.

That is the entire appeal, and also why assumption is rare. Every other way of buying a house creates a brand-new loan priced at today’s market, and a lender that agreed to a rate years ago has no commercial reason to keep it alive for a stranger. So the loans that stay assumable are almost entirely the ones where a federal agency wrote assumability into the program itself. Everything outside those programs sits in the same corner of the market as specialty financing.

Assumption is also not the same as buying “subject to” the seller’s loan. In a true assumption the servicer approves you, you are named on the debt, and the seller can be released from liability. In a subject-to deal the seller’s name stays on the note and the seller stays on the hook.

How does an assumable mortgage work?

Start with the gap: it decides whether an assumption is possible at all. Say a seller lists at $300,000 and still owes $190,000. You take over the $190,000 note and you owe the seller the other $110,000 at closing.1 That is a 37% down payment in everything but name, on a transaction people describe as a shortcut.

The gap grows with the very thing that makes the loan worth having: a seller who locked a low rate years ago has been paying principal down and watching the home appreciate the whole time, so the better the loan, the bigger the check you write to stand in front of it.

Three moving parts run the transaction:

  • The balance you inherit: Only the unpaid principal transfers, along with the rate and the months left on the term. If 23 years remain on a 30-year loan, you get 23 years, and the payment stays sized to that shorter runway.
  • The gap you have to finance: Cash, gift funds, a second mortgage or home equity line sitting behind the assumed first, or a note back to the seller.
  • The approval you have to earn: This is not a handshake between you and the seller. The servicer reviews your credit, income and debt-to-income ratio, and on a government-backed loan the agency’s eligibility rules apply to you too.

What you generally skip is a new origination charge and, on most assumptions, a new appraisal, since the loan amount is already fixed by the existing balance. What you still pay is title work, recording fees and the assumption fee, budget it like any other set of mortgage closing costs.

Which loans are assumable?

Program rules decide this, not individual lenders. Assumability is written into the loan’s governing regulations and into the note itself, so the answer is the same at every servicer holding that kind of loan.

Loan typeAssumable?Buyer must qualifyNotes
Conventional, fixed-rateGenerally noNot applicableA due-on-sale clause lets the lender call the full balance at transfer, and federal law permits enforcing it.
Conventional ARMSometimesYesFannie Mae ARMs are usually assumable, but some plans restrict it, and an ARM can’t be assumed once a convert-to-fixed option has been exercised. Read the note.
FHAGenerally yesYesThe servicer must find at least one person taking ownership creditworthy, and the home has to be that buyer’s primary or secondary residence.
VAGenerally yesYesThe holder or VA must approve, a 0.5% assumption funding fee applies unless the assumer is exempt, and a non-veteran assumption leaves the seller’s entitlement tied up.
USDA GuaranteedGenerally yesYesThe lender must get Agency approval and the buyer must meet program eligibility. The buyer can keep the note’s rate and terms or apply for new ones.
JumboGenerally noNot applicableNo agency program rule requires assumability here. Whatever the note says is the whole answer.

The precision points behind those rows:

  • FHA: The servicer may approve the transfer only when at least one person acquiring ownership is determined creditworthy under HUD’s standards, and may not approve a sale to someone who won’t occupy the home as a primary or secondary residence.2 Those conditions attach to applications dated on or after December 1, 1986. See our FHA loans hub and HUD’s overview of FHA loan programs.
  • VA: For loans committed on or after March 1, 1988, the holder must approve the transfer, with VA reviewing that decision on appeal. The seller is released from further liability only when the loan is current, the buyer contracts to assume all of the veteran’s obligations, and the buyer qualifies from a credit standpoint. A 0.5% funding fee applies to the assumption, and VA waives it for exempt borrowers, including anyone receiving VA compensation for a service-connected disability, anyone entitled to that compensation but drawing retirement or active-duty pay instead, and a surviving spouse receiving Dependency and Indemnity Compensation.3 Our guide to buying a home with a VA loan and the VA’s home loan program rules cover the benefit end to end.
  • The VA entitlement trap: When a non-veteran assumes a VA loan, the seller’s entitlement is not restored. It comes back only when the loan is repaid in full, or VA is released from liability on the guaranty, or a veteran-transferee assumes the balance and consents to substituting their own entitlement for the seller’s. Without that substitution, the seller’s benefit stays tied to that house.
  • USDA: The lender must obtain Agency approval first, and the buyer must meet program eligibility, including the moderate-income ceiling, which USDA writes as a formula rather than a flat number: the greater of 115% of U.S. median family income, the average of the statewide and state non-metropolitan median family income, or 115/80ths of the county’s low-income limit. That’s what gets summarized as “115% of area median income,” and USDA publishes the resulting dollar limits county by county. The buyer can assume the existing note’s rates and terms, or apply for new ones that may not exceed the original note rate. Guaranteed and Direct are separate programs with different income limits, so confirm which the seller has; our USDA loan basics guide explains both.
  • Conventional: Federal law lets a lender enforce a due-on-sale clause notwithstanding state law, and carves out a short list of transfers it cannot call: death of a joint tenant, transfer to a spouse or child, a divorce decree, a transfer into an inter vivos trust in which the borrower remains a beneficiary, a lease of three years or less without a purchase option, a junior lien. None of those is a sale to an unrelated buyer. Our conventional loans guide covers where the program bends.

Two things people expect to assume and can’t. A HECM reverse mortgage is FHA-insured, but it’s built to be repaid when the last surviving borrower dies, sells or permanently leaves, as our explainer on how reverse mortgages work shows. And renovation money doesn’t travel with an assumption: you inherit a balance, not a construction budget, so repairs get funded separately through something like a HomeStyle renovation loan, conventional, and not assumable.

Who benefits from an assumable mortgage?

Buyers with a large down payment and sellers holding a below-market rate, in that order. The math only works when the buyer can absorb the equity gap.

  • Buyers with cash on the sidelines: If you were going to put 30% or 40% down anyway, the equity gap stops being an obstacle and becomes the down payment you’d already planned. That buyer captures the seller’s rate for free.
  • Buyers who want a shorter runway: A loan with 23 years left means 23 years of interest instead of 30. Some buyers value that more than the lower payment a fresh 30-year term would give them.
  • Sellers holding a below-market rate: An assumable loan is a marketing asset. It widens the buyer pool, can support a firmer price, and gives a listing something competing homes on the same street don’t have.
  • Buyers already inside a government program: Because FHA, VA and USDA are the assumable three, buyers who fit those eligibility boxes have the widest field to shop. Our guide to government-backed loans lays out who qualifies for which.

What are the drawbacks of assuming a mortgage?

The rate is the headline and the cash requirement is the reality. Five drawbacks decide most assumptions before the rate ever gets a vote.

  • The equity gap can exceed a conventional down payment: A seller with substantial equity can push the gap past what most buyers have, and second-lien financing to cover it is priced at today’s market, which quietly erodes the blended savings the low first-lien rate was supposed to deliver.
  • You can’t shop the terms: You take the note as written. No rate negotiation, no term selection, no program choice, no lender competition. If it isn’t a clean fit, price it against a new loan and the other alternative financing options for home buyers.
  • Sellers can lose the use of their VA benefit: The most expensive misunderstanding in this topic. A non-veteran assumption does not restore entitlement.
  • Processing runs long: Assumption is a servicing function, not an origination function, and servicing departments aren’t built for purchase-contract deadlines.
  • Existing mortgage insurance rides along: If the seller’s FHA loan carries an annual mortgage insurance premium for the life of the loan, that premium is part of what you assume. The rate you inherit and the payment you inherit are two different numbers.

How do you assume a mortgage?

Five steps, and the timeline expectation matters as much as the sequence.

  • 1. Confirm the loan is actually assumable, before you write the offer: Ask the seller for the note and a written assumption policy from the servicer. Program type alone isn’t proof. This costs nothing and is the step that saves you from an offer you can’t close.
  • 2. Get the real numbers in writing: Request the current principal balance, note rate, remaining term, escrow balance and fee schedule. The balance sets your equity gap, and the gap is your number, not the list price.
  • 3. Line up the gap financing first: Cash, gift funds, a second lien or seller financing. Do this before applying, because a second lien runs its own approval timeline in parallel. Our guide to budgeting for closing costs helps size the cash you’ll need.
  • 4. Apply with the servicer and expect a full underwrite: Credit, income, assets and debt-to-income all get reviewed, plus the agency’s eligibility rules on a government-backed loan. Budget for the assumption fee, title work, recording, and on a VA loan, the 0.5% funding fee unless the person assuming the loan qualifies for an exemption.
  • 5. Close, and confirm the release of liability in writing: An assumption that closes without a documented release leaves the seller exposed on a loan attached to a house they no longer own. On a VA loan, get the entitlement outcome in writing too.

Build extra time into the purchase agreement. Assumption moves at the servicer’s pace rather than a lender’s, and a financing contingency written on normal timelines is the most common way these deals fall apart.

How common are assumable loans in Michigan?

According to the Federal Housing Finance Agency’s National Mortgage Database (released September 30, 2026), Michigan had about 1,641,000 first-lien mortgages outstanding in the second quarter of 2026, and 19.0% were government loans, roughly 312,000. FHFA’s data dictionary defines that group as FHA, VA and USDA Rural Housing Service loans. Nationally the share was 23.6% of about 51,426,000 loans.

Government-backed loans, second quarter of 2026MichiganUnited States
Share of all outstanding first-lien mortgages19.0%23.6%
Contract rate below 3%11.9%16.1%
Contract rate 3.00 to 3.99%26.1%26.2%
Contract rate 4.00 to 4.99%20.3%17.4%
Contract rate 5.00 to 5.99%16.1%18.0%
Contract rate at or above 6%25.7%22.3%
Average mark-to-market loan-to-value52.5%57.6%
Share at or below 60% mark-to-market loan-to-value63.8%56.4%

Source: Federal Housing Finance Agency, National Mortgage Database outstanding mortgage statistics, State and National quarterly files, “Government / Non-Conventional” market, 2026 Q2, weighted by loan count. The database is a 5% sample of credit bureau records.

In Michigan, 38.0% of government loans carried a contract rate under 4% in the second quarter of 2026, compared with 54.8% in the first quarter of 2022, per the same FHFA series. And the average mark-to-market loan-to-value was 52.5%; the FHFA data dictionary computes it as the current unpaid balance divided by the original property value updated with FHFA’s house price index. At that average, the balance covers about half the home’s estimated value, and the equity gap is close to the other half.

Nationally, few of those loans change hands. National Mortgage News reported in December 2023, citing HUD data, that assumptions closed in the first nine months of 2023 outnumbered any full calendar year since the subprime crisis, with a little more than 3,800 FHA mortgages assumed in that span.

What can a servicer charge to process an assumption?

ProgramChargeCeilingRule
FHAAssumption processing feeUp to $1,800 (was $900)FHA INFO 2024-30, May 20, 2024
VAProcessing fee, holder with automatic authorityLesser of $300 and the actual cost of any credit report required, or a lower state maximum38 CFR 36.4313(d)(8)
VAProcessing fee, holder without automatic authority$250 plus the cost of any credit report requiredVA Circular 26-24-5
VAAssumption Locality Variance, Michigan (Midwest)$386, charged only if the assumption closesVA Circular 26-24-5, Exhibit A, February 26, 2024
VAFunding fee paid to VA0.5% of the loan balance, unless exempt38 CFR 36.4313(e)(2)

Sources: FHA INFO 2024-30 (HUD, May 20, 2024); 38 CFR 36.4313; VA Circular 26-24-5 and its Exhibit A (February 26, 2024); VA funding fee table (page updated October 5, 2026).

According to FHA INFO 2024-30, FHA doubled its cap from $900 to $1,800 to pay servicers for processing costs “at a rate that is appropriate for today’s market,” and had last changed it in 2016. In a December 20, 2022 letter to FHA and VA, the Mortgage Bankers Association urged both agencies to raise the allowable fee to $3,500 and index it to the Consumer Price Index.

VA kept its base fee and added a regional amount. Circular 26-24-5 allows the Assumption Locality Variance on top of other allowable fees, and Exhibit A lists Michigan in the Midwest region at $386, against $409 in the Northeast, $404 in the South and $463 in the West. According to VA’s State Fees and Charges Deviations List, current as of February 17, 2026, holders may still charge the variance.

Hypothetical example, not an offer. A Michigan buyer who is not exempt assumes a $190,000 VA balance from a holder with automatic authority. The agency-set charges are the 0.5% funding fee of $950, a processing fee capped at the lesser of $300 and the credit report cost, and the $386 locality variance, so no more than $1,636 before title and recording. Your own figures come from the servicer’s written assumption statement.

Does the seller stay liable after a USDA assumption?

Yes. According to 7 CFR 3555.256(b)(2)(i), the buyer must assume the entire outstanding debt and acquire all of the property securing the loan, “however, the transferor must remain personally liable.” That is the opposite of the VA release covered above.

The same rule adds conditions:

  • The first lien keeps its place: The priority of the existing lien “must be maintained or improved,” so any money for the equity gap has to sit behind the USDA loan, never ahead of it.
  • A new fee to Rural Development: A new fee, calculated on the remaining principal balance, must be paid to Rural Development under section 3555.107(g).
  • A written lender request: The lender submits a request showing the buyer’s creditworthiness, income eligibility and underwriting analysis to the Agency for approval.

What happens when an heir or an ex-spouse takes over the loan?

Federal servicing rules call the new owner a “successor in interest” when the home passes through a death, a divorce decree or a similar family transfer (12 CFR 1024.31). Once a servicer confirms that person, 12 CFR 1024.30(d) says the successor “shall be considered a borrower” for the servicing rules, and the official interpretation adds that this applies “regardless of whether the successor in interest assumes the mortgage loan obligation under State law.” Personal liability still turns on state law and a formal assumption.

The CFPB rule was published in the Federal Register on October 19, 2016 (81 FR 72160), and according to the CFPB’s executive summary, the successor in interest changes took effect 18 months after publication. On FHA loans, 24 CFR 203.512(b) also skips the creditworthiness review when the transfer is by devise or descent, or when the selling borrower keeps an ownership interest.

What changes for a Michigan buyer who assumes a loan?

The loan carries over; the seller’s property tax bill does not. In Michigan, a home’s taxable value is capped while one owner holds it. The year after it sells, that cap comes off and taxable value resets to the state equalized value, which is half of the assessor’s estimate of market value, not automatically half of what you paid. The Michigan Department of Treasury’s change of ownership guidance ties that reset to a “transfer of ownership” under section 211.27a(6), and MCL 211.27a(6)(a) lists “a conveyance by deed” as one. Assuming the mortgage does not change that, so the uncapping still happens; the Michigan property tax calculator estimates the new number.

That reset reaches an assumed loan through escrow. Regulation X, 12 CFR 1024.17 requires an escrow analysis at the completion of each escrow account computation year, and under paragraph (f)(3), a shortage of one month’s escrow payment or more can be left in place or spread over at least 12 months. Samantha, in her round 3 answers: “I’d much rather somebody ask me, ‘Why are your taxes higher than what I’m seeing online?’ than have them build a housing budget around the wrong assumption.”

Four more Michigan steps belong on the closing checklist:

  • Notify the assessor within 45 days: MCL 211.27a(10) requires the buyer to notify the local assessing office of the transfer within 45 days, on a form prescribed by the state tax commission. According to MCL 211.27b, a late filer owes the additional taxes with interest, plus a penalty of $5.00 per day after the 45 days, up to $200.00 for a principal residence.
  • Transfer tax is figured on the whole value: The state rate is $3.75 for each $500 or fraction of $500 of “the total value of the property being transferred,” per MCL 207.525, and the county rate is 55 cents per $500 in a county of fewer than 2,000,000 people (up to 75 cents in a larger county), per MCL 207.504. The seller is liable for the state tax under MCL 207.523(2). Hypothetical example, not an offer: on a $300,000 sale in a county charging 55 cents, that is $2,250 state and $330 county, $2,580 in all. The tax is figured on the full $300,000 even though only the equity changes hands in cash.
  • Record the deed with the county register of deeds: Oakland County’s Register of Deeds fee schedule, for example, lists a $30.00 recording fee per document, including the $4.00 state survey and remonumentation fee.
  • Know where to take a servicing dispute: Per a Michigan Department of Insurance and Financial Services March 12, 2025 release, consumers with disputes they cannot resolve with their financial institution can call 877-999-6442 or file a complaint online.

How Align handles specialty financing

Specialty loans are where a single bank's menu runs out. Align places HomeStyle and FHA 203(k) renovation loans, non-warrantable condo loans, DSCR loans and standalone HELOCs through multiple wholesale lenders.

Samantha handles these files herself, from the first conversation to the closing table, with a processor supporting her behind the scenes. Complicated and impossible are not the same thing.

FAQ: Assumable mortgages

Here are answers to common questions about assumable mortgages.

Can any mortgage be assumed?

No. FHA, VA and USDA loans are generally assumable with servicer approval, while most conventional loans contain a due-on-sale clause that requires the balance be paid off when the property transfers. Some adjustable-rate conventional loans are an exception, one more reason to understand how ARMs differ from fixed-rate loans. The note and the current servicer are the only authoritative answer, so ask for both before you write the offer.

How do I pay the difference between the sale price and the loan balance?

You cover the gap with cash, a second mortgage, a home equity line, gift funds or seller financing. Because assumable loans are attractive when the seller has a low rate, that seller usually has years of paid-down principal and appreciation behind them, which makes the gap large. Price the gap first: a low assumed rate is no bargain if closing it drains reserves you’d rather keep. Treat it like saving for a down payment.

Does assuming a VA loan use up my VA entitlement?

It uses the seller’s entitlement unless you are VA-eligible and formally substitute your own. If a non-veteran assumes the loan, the seller’s entitlement stays tied to that property until the loan is paid off or VA is released from liability, which can block the seller from using the benefit again. Get VA and servicer approval in writing before closing so the outcome is documented; our VA loans hub explains how entitlement is calculated.

What fees come with a mortgage assumption?

Expect a servicer assumption fee, a credit and underwriting review, title work and recording costs, plus a 0.5% funding fee on a VA loan, which VA waives for exempt borrowers such as those receiving VA compensation for a service-connected disability. You typically avoid a new origination charge and often a new appraisal, which is where the savings show up against a fresh loan. Request a written fee schedule early and compare it against ordinary closing costs.

Who pays the VA funding fee on an assumption, and when is it due?

The person assuming the loan pays it. Under 38 CFR 36.4313(e)(2), the holder must list the 0.5% fee in every assumption statement, with a notice that it is paid to the holder immediately after settlement, and the holder must send it to VA within 15 days of receiving the notice of transfer. The security instrument itself describes the holder’s right to collect the fee for VA, so a buyer can confirm it in the seller’s loan documents.

How can I tell if a VA or FHA mortgage is assumable?

Look for the notice federal law requires. 38 U.S.C. 3714(d) says at least one VA loan document must conspicuously state, in substance, “This loan is not assumable without the approval of the Department of Veterans Affairs or its authorized agent.” On FHA, 24 CFR 203.512(a) bars the lender from restricting assumption beyond what HUD’s rules permit, and paragraph (d) requires each FHA mortgage to carry a due-on-sale clause, so read that clause for the approval conditions.

Can you assume a USDA loan if the area is no longer rural?

Yes. 7 CFR 3555.256(b)(2)(iii) says guaranteed loans on properties in areas that have ceased to be rural may still be assumed. The home itself must meet USDA’s site and dwelling standards or be brought up to them before the transfer, and if the buyer needs more money to complete the assumption or make those repairs, Rural Development may approve a supplemental guaranteed loan when the security is adequate.

Does taking over a spouse’s mortgage in Michigan uncap the property taxes?

Not when the house moves between spouses. MCL 211.27a(7)(a) says a transfer from one spouse to the other, or from a decedent to a surviving spouse, is not a transfer of ownership, and paragraph (7)(b) covers creating or ending a tenancy by the entireties between spouses. The trigger is the change in title, not the loan, so ask the assessor before recording any other family transfer.

The bottom line on assumable mortgages

An assumable mortgage lets a buyer take over the seller’s existing loan at its original interest rate, remaining balance and payoff date. FHA, VA and USDA loans generally allow it with servicer approval and a full review of the buyer; most conventional loans don’t, because a due-on-sale clause requires payoff at transfer. The equity gap decides it: on a $300,000 sale with $190,000 still owed, the buyer brings $110,000 before anything closes. Add an assumption fee, a longer timeline, and, on VA loans, an entitlement question the seller has to answer before signing.

If you’re ready to find out whether assuming a loan beats simply buying the house with a new one, talk to Align Lending. We’ll price the assumption and competing wholesale offers on the same property and put both sets of numbers in front of you side by side. Call 248-506-5727 or start online.

Footnotes:

1. Example figures in this article are hypothetical and for educational purposes only; they do not constitute an advertisement of credit terms or a rate quote under federal or state lending laws. Your balance, equity gap, fees and approval depend on the seller’s actual loan, the servicer’s policy, your application and the property, and will be itemized in the servicer’s assumption documents and your closing statement. Return to text.

2. Align Lending is not acting on behalf of or at the direction of FHA or HUD. FHA assumption rules are set by HUD in 24 CFR part 203 and the Single Family Housing Policy Handbook 4000.1 and are subject to change; assumption approval is made by the servicer of the existing mortgage, not by Align Lending. Return to text.

3. Align Lending works with VA-approved lenders and is not endorsed or sponsored by the U.S. Department of Veterans Affairs or any government agency. VA assumption approval, release of liability and entitlement decisions are made by the loan holder and VA, not by Align Lending, and not all applicants will qualify. Return to text.

Figures current as of August 2026; program rules and fee tiers change, so verify with the linked source before relying on them. Sources: VA funding fee of 0.5% on a loan assumption, and exemption from the funding fee for a borrower receiving VA compensation for a service-connected disability, a borrower eligible for that compensation but receiving retirement or active-duty pay instead, a surviving spouse receiving Dependency and Indemnity Compensation, an active-duty service member awarded a Purple Heart on or before closing, and a service member with a pre-discharge claim rating before closing, va.gov (“VA funding fee and loan closing costs“). Assumption approval requirement for loans committed on or after March 1, 1988, holder determination subject to VA review, and relief of the transferor from further liability, 38 U.S.C. 3714. Conditions for release from liability (loan current, transferee contracts to assume all obligations, transferee qualifies from a credit standpoint) 38 U.S.C. 3713(a). Restoration of entitlement only on repayment in full, release of the Secretary from liability, or a veteran-transferee assuming the balance and consenting to substitute their entitlement, 38 U.S.C. 3702(b). FHA free assumability with exceptions, the creditworthiness determination of at least one person acquiring ownership, the primary-or-secondary-residence condition, and the December 1, 1986 application date, 24 CFR 203.512. FHA permitted charges for processing a request for credit approval of an assumptor and for arranging a substitution of liability, with a requirement that fees be reasonable and customary and based on the actual cost of work performed, 24 CFR 203.552; HUD sets the maximum assumption processing fee, $1,800 since FHA INFO 2024-30 (May 20, 2024). USDA Guaranteed transfer and assumption, the requirement that the lender obtain Agency approval, transferee eligibility under subpart D, and assumption on the existing note terms or on new rates and terms not exceeding the original interest rate, 7 CFR 3555.256. USDA moderate-income limit written as a formula including 115% of U.S. median family income, 7 CFR 3555.10. Federal preemption permitting enforcement of due-on-sale clauses and the exceptions for residential property of fewer than five dwelling units, including transfer on a joint tenant’s death, transfer to a spouse or child, a divorce decree, a transfer into an inter vivos trust in which the borrower is and remains a beneficiary, a leasehold interest of three years or less not containing an option to purchase, and the creation of a subordinate lien or encumbrance not relating to a transfer of rights of occupancy, 12 U.S.C. 1701j-3(d), and the implementing regulation at 12 CFR part 191. Fannie Mae ARMs usually assumable with plan-level restrictions, and no assumption once a convert-to-fixed option is exercised, Fannie Mae Selling Guide B2-1.4-02.

This article is for informational purposes only and is not intended to provide legal, financial, or tax advice. Assumption eligibility, fees, timelines, entitlement outcomes and release of liability are determined by the servicer holding the existing loan and by the applicable agency, and program rules change; confirm every figure with the seller’s note, the current servicer, and the agency before relying on it. Figures shown are illustrative, are not a rate quote or an offer of credit, and are subject to change. Align Lending is an independent Michigan mortgage broker, NMLS #2041154, is not acting on behalf of or at the direction of FHA or HUD, and is not affiliated with or endorsed by the U.S. Department of Veterans Affairs or any government agency.

Sources

Every outside source this guide links to, in the order it appears. How we choose and check sources

  1. HUD’s overview of FHA loan programsU.S. Department of Housing and Urban Development
  2. The VA’s home loan program rulesU.S. Department of Veterans Affairs
  3. National Mortgage DatabaseFederal Housing Finance Agency
  4. Data dictionaryFederal Housing Finance Agency
  5. Reported in December 2023nationalmortgagenews.com
  6. FHA INFO 2024-30U.S. Department of Housing and Urban Development
  7. 38 CFR 36.4313law.cornell.edu
  8. VA Circular 26-24-5U.S. Department of Veterans Affairs
  9. Exhibit AU.S. Department of Veterans Affairs
  10. VA funding fee tableU.S. Department of Veterans Affairs
  11. December 20, 2022 letter to FHA and VAmba.org
  12. State Fees and Charges Deviations ListU.S. Department of Veterans Affairs
  13. 7 CFR 3555.256(b)(2)(i)law.cornell.edu
  14. 12 CFR 1024.31Consumer Financial Protection Bureau
  15. 12 CFR 1024.30(d)Consumer Financial Protection Bureau
  16. Published in the Federal Register on October 19, 2016federalregister.gov
  17. Executive summaryConsumer Financial Protection Bureau
  18. 24 CFR 203.512(b)law.cornell.edu
  19. Change of ownership guidanceState of Michigan
  20. MCL 211.27a(6)(a)Michigan Legislature
  21. Regulation X, 12 CFR 1024.17Consumer Financial Protection Bureau
  22. MCL 211.27bMichigan Legislature
  23. MCL 207.525Michigan Legislature
  24. MCL 207.504Michigan Legislature
  25. MCL 207.523(2)Michigan Legislature
  26. Register of Deeds fee scheduleoakgov.com
  27. March 12, 2025 releaseState of Michigan
  28. 38 U.S.C. 3714(d)law.cornell.edu
  29. 38 U.S.C. 3702(b)law.cornell.edu
  30. 12 U.S.C. 1701j-3(d)govinfo.gov
  31. Fannie Mae Selling Guide B2-1.4-02Fannie Mae Selling Guide




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