Financing Addenda Spotlight

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Financing Addenda Spotlight

© 2023 Independence Title Education

Financing Addenda SPOTLIGHT

Agenda

Third-Party Financing Addendum

• The Purpose

• Key Objectives

• Form Overview

Loan Assumption Addendum

• The Purpose

• Key Objectives

• Form Overview

Seller Financing Addendum

• The Purpose

• Key Objectives

• Form Overview

Third - Party Financing Addendum

The Purpose

The purpose of the Third -Party Financing Addendum is to outline the terms and conditions under which a buyer will obtain financing from a third -party lender to purchase a property.

KEY OBJECTIVES

Define Financing Terms:

The addendum outlines the desired financing details, including loan type, loan amount, and interest rate.

KEY OBJECTIVES

Protect the Buyer:

If the buyer can't get financing as outlined, they can terminate the contract and get their earnest money back.

KEY OBJECTIVES

Set Deadlines:

It sets deadlines for the buyer to secure financing approval.

KEY OBJECTIVES

Defines Financing Approval:

Establishes the difference between buyer approval and property approval.

ASK THE LENDER

ASK THE LENDER

HARD MONEY or LINE OF CREDIT

2 TYPES OF APPROVAL

APPRAISAL REQUIREMENTS FOR FHA & VA

PURCHASE PRICE

PROTECTS THE LENDER

The Purpose

The purpose of the Loan Assumption Addendum is to outline the terms and conditions under which a buyer can assume the seller's existing mortgage. This addendum clarifies the financial and procedural aspects of the loan assumption process.

KEY OBJECTIVES

Provides Details of Existing Loan: It specifies the existing loan details, including the loan balance, interest rate, and remaining term.

KEY OBJECTIVES

Assumption Approval:

It establishes that the loan assumption is contingent upon the lender's approval. This includes verifying the buyer's creditworthiness and ability to meet the lender's requirements.

KEY OBJECTIVES

Timeline:

It sets a timeline for the loan assumption process, including deadlines for submitting applications and receiving approvals.

KEY OBJECTIVES

Transfer of Liability:

It clarifies the transfer of liability from the seller to the buyer, ensuring that the buyer understands they will be taking over the existing loan and its obligations.

BUYER MUST BE APPROVED BY LENDER

WHAT THE BUYER IS ASSUMING

PROTECTION FOR THE BUYER

Listing Agent PRO TIP

Confirm Loan Assumption Eligibility!

• Contact Lender:

The seller should contact their mortgage company to confirm the loan is assumable. Not all loans are assumable; typically, FHA, VA, and USDA loans are, while most conventional loans are not.

• Review Loan Documents:

The seller should review the original loan documents to verify any assumptions terms and conditions.

Listing Agent PRO TIP

The Purpose:

• The original borrower should be released from future liability on the loan to protect their credit.

• When a VA loan is assumed by a new borrower, the original borrower can request the restoration of their VA entitlement. This allows the veteran to use their VA benefits again for a new VA loan in the future, instead of being tied up in the assumed loan and limiting their ability to use VA-backed financing for other properties.

The Purpose

The purpose of the Seller Financing Addendum is to outline the terms and conditions for the seller to finance a portion of the sales price for the buyer.

It’s utilized when the seller serves as the lender, enabling the buyer to make payments directly to the seller over time instead of obtaining a conventional mortgage from a third -party lender.

KEY OBJECTIVES

Establish Payment Terms:

Specifies the down payment amount, interest rate, payment schedule, and any balloon payments if applicable. This ensures both parties agree on how the loan will be repaid.

KEY OBJECTIVES

Define Default Conditions:

Outlines what constitutes a default, such as missed payments or failure to maintain insurance, and the remedies available to the seller in the event of a default.

KEY OBJECTIVES

Create Loan Security:

Establishes that the property being purchased will serve as collateral for the loan, protecting the seller's interest.

KEY OBJECTIVES

Confirms Responsibilities:

Defines the responsibilities of both the buyer and seller regarding property taxes, insurance, and maintenance obligations.

BUYER MUST BE APPROVED

DETAILS FOR THE NOTE

DETAILS FOR DEED OF TRUST

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