Monday, September 22, 2008

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the assumption

We talk about assumption of a mortgage when buying a house on which rests a mortgage already.

In this case, the seller of the house together can implement the transfer of the mortgage to the buyer. In that circumstance the
rate mortgage and repayment of capital to it, will be borne by the new owner.

Given this assumption, the remaining loan, principal, will be deducted from the price agreed for the sale. In the final deed of sale of the property, we will share the balance of interests on the installment due and then subsequent to the date of this act.

If the borrower is the builder, make sure that the bank has initiated the split between the various housing loan contract on the entire original building.

This control is of great importance, because one might find in the paradoxical position of having to pay the mortgage of all houses built.

addition the deposit, plus the assumption in the amount of the loan shall not exceed the agreed price for the purchase of the apartment.
Nell'accollo assisted by the loan
mortgage, the creditor banks must give their consent and usually do not release original borrower (although you can request to be released).
This is because the assumption was cumulative and not liberating. This means that the perpetrators of mortgage debt are both the original contractor, is the liberating.

banks may not join with shouldering in the event that the successor did not consider that the requirements to satisfy the claim.

DEMAND
I'm buying a new apartment. The entire property is encumbered by a mortgage company required by the manufacturer. Since I'm going to assume a share of the mortgage, what assurances do I apply for?
In the case of building or condominium complex, the debtor (The construction company) and the third largest purchaser of mortgaged property, are entitled to the split of the fund in shares and corresponding to the splitting of the mortgage to ensure
. This is done by an act certified by notary (act of splitting) by which the bank shall, upon request of the borrower, to divide the loan fees as there are many real estate units offered as collateral, according to the value of each part of the building. The Registrar of the Real Estate Registry shall record the subdivision and the splitting entry in the margin of a mortgage taken to secure the loan granted. Since that time annotation are long (about a year), the act of splitting the deposit of the note and mortgage from the notary for the Real Estate Registry will be in itself sufficient to guarantee each buyer the significant risk in the possible insolvency of the debtor's original that indiscriminately involve all owners of individual units.
It is clear that we should expect the splitting of the first mortgage of the final sale.
Only in this way each owner can and must respond within the limits of its share and not jointly with the manufacturer or with the other owners.

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