
In today's market, you always need an edge, possibly that upper hand on information that others don't know about. John MacArthur wrote this blog the other day, Overlooking the Obvious? , which gave you a good idea when helping a seller market their home. And it was based on the simple knowledge that if you as the seller, currently have an FHA loan. Why can this be important to those buying your home? Two reasons :
1. If you are underwater on your home, that is upside on your home, it could be a good way to walk away from you home while having someone assume your mortgage. Even if you had little equity and had to bring about $8,000 to the table to cover expenses such as the realtors commissions and or sellers state tax monies, it can still be cheaper than selling it on the open market or possibly going into foreclosure.
2. The other reason, such as John mentions, is that rates could go much higher in the near future. In this case, you have a very marketable home. Example : You could have a 5.00% rate now and in just 12 to 24 months, rates could be as high as 7% to 8%. This could be a huge selling feature.

Here is the kicker.... since I am the type of person that likes to look at something from both sides of the fence, both the positives & the negatives, I wanted to add a few things that the seller needs to be careful about. John and I briefly talked about this yesterday, that he wanted people not to lose focus on the message that he was delivering in his blog, which was a good message. Hence why he just kept it lite and just about the rate. But after reading many of the comments, I feared something. What I feared was that it's not as easy as it sounds. Just because the seller has a low rate that is assumable, doesn't mean that it's a done deal. Let's take a look at the issues that concern me.
- Even if you have someone assume your FHA mortgage, you as the seller, you are still responsible for that mortgage also. Meaning, if the new buyer who assumed your mortgage defaults, it will also show up on your credit. Now, there is a way around this though. Many lenders don't mention this up front, but you can sign a release of liability, which is HUD form 92210-1. If the lender doesn't mention this to you, then you are suppose to ask for this form. Again, the kicker... if you don't know about it, how do you ask for it?
- The buyer still needs to be approved for assuming that seller's mortgage. And this is done only by the lender that holds that note. And they are approved on that current note rate. Keep in mind, even though HUD/FHA has their own guidelines to this, lenders can have specific overlays to the guidelines. Meaning that they can increase the difficulty of obtaining that mortgage.
- Lastly, another concern of mine. Your equity position.... let's say you owe $150,000 on the mortgage, but you wanted to sell the home for $200,000. The buyer can only assume what you owe, which is $150,000. You will now need to find other methods to give the remaining monies to that seller. In today's market, getting a 2nd mortgage or a home equity loan is not easy. John mentioned a wrap around mortgage. These can be defined in different ways and who knows what the mortgage market will be like in 3 to 5 years. My fear? In my opinion, if there is equity in the property that the seller wants, I don't see how a buyer assuming that mortgage will work, especially in today's market. Sure, a seller can hold a second mortgage, but that still doesn't give them their money right away. Just food for thought.
Overall, John did bring up something that not many people talk about. I have been telling buyers since 1994 that FHA loans can be assumable, but that you need to be aware of the liability also. Each buyer actually signs a form in the FHA loan application that is called Notice to Homebuyer - Assumption of HUD/FHA loans.
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Experience & Knowledge at its BEST !!!
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For more information on FHA loans, please go to this link. The FHA Expert
For more information about the 2009 Tax Credit for First Time Homebuyers : 2009 Tax Credit
For important mortgage insight to watch for, please read : Consumers need to be aware of these Red Flags !!!!
Copyright © 2009 by Jeff Belonger






