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Can a Cosigner Assume a Mortgage at Any Time?

Written By video massa on Minggu, 24 November 2013 | 07.12

Can a Cosigner Assume a Mortgage at Any Time?

Assumable mortgages allow buyers to assume the seller's home loan and its beneficial features upon purchase. Benefits of mortgage assumption for the buyer include lower loan costs, fewer interest payments, a shorter repayment term and a lower interest rate. A cosigner of such a mortgage may qualify to assume the loan when needed, due to the primary borrower's default or when he sells, with certain restrictions.

The Basics

    Loan assumptions generally apply to mortgages insured by the Federal Housing Administration (FHA) or guaranteed by the Department of Veterans Affairs (VA). Rarely do conventional, non-government loans carry the mortgage assumption feature, according to Mortgage Professor. Cosigners differ from coborrowers, who are essentially equal to primary borrowers, according to Total Mortgage Services. Cosigners, unlike coborrowers, do not have an ownership interest in the property but may be held liable for the debt in the event of homeowner default.

FHA Assumptions

    The Department of Housing and Urban Development (HUD), which governs FHA programs, placed restrictions on FHA loans originated on Dec. 1, 1986, or thereafter. Borrowers who assume a mortgage originated prior to that date qualify for the "simple" process, while those thereafter must undergo the "creditworthiness" process, according to HUD. Mortgages made before the Dec. 1 date generally contain no restrictions on assumability.

    The assumptor of a mortgage originated after Dec. 15, 1989, must undergo the creditworthiness check -- the traditional FHA underwriting process -- due to the HUD Reform Act. Cosigners of loans originated after Dec. 15 must have their credit reviewed by an FHA underwriter if taking ownership. The cosigner generally cannot assume the FHA loan if already obligated as a primary borrower or coborrower on another FHA loan.

VA Assumptions

    Only the spouses of military personnel with VA entitlement may cosign a mortgage. If unmarried, only another member of the military with VA entitlement may cosign. VA mortgages originated prior to March 1, 1988, may be assumed by anyone with VA entitlement, according to Mortgage Professor. Although assumptors of these loans do not have to meet creditworthiness requirements, the seller, or veteran homeowner, remains responsible for the mortgage. The seller may require that the buyer be underwritten and qualified in order to be released of this liability.

Considerations

    Loans with due-on-sale clauses are not assumable. Most conventional loans have this feature, meaning the borrower may not sell without paying the lender the balance owed on the mortgage.

    For buyers, assumptions make the most sense when the interest rate on the assumable mortgage is low, and cannot be beat by current market rates. For sellers, they make the most sense if they can no longer make payments, but do not want to subject their cosigner to the credit repercussions of default. They also make sense for sellers if they can make money off of the sale of the home; that is, if the buyer pays a higher price for the home.



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