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Mortgage assumption

Français : Prise en charge d'hypothèque

The buyer takes over the seller's existing mortgage at its original terms (rate, remaining term). Advantageous when the existing rate is below market rates. Requires lender approval.

Definition

Mortgage assumption allows a buyer to take over the seller's existing mortgage. The buyer continues paying the same lender at the same contractual terms (rate, payment frequency, remaining term).

Advantages: - If the assumed loan rate is below current market rates → significant savings - Avoids new mortgage break penalties (seller doesn't have to break their loan) - Little or no discharge fees

Conditions: - Lender must approve the buyer (credit check, income, loan-to-value ratio) - If purchase price exceeds assumed mortgage balance, buyer must finance the difference (2nd mortgage or additional down payment) - Not all lenders allow assumption — check the contract

Seller liability: in some contracts, if the buyer defaults, the seller may remain liable. Request a release of liability from the lender.

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This definition is provided for informational purposes only and does not constitute legal, tax, or financial advice. For a personal situation, consult an AMF-licensed mortgage broker, notary, accountant, or the relevant financial institution.