How many other little clauses, nuances, and perceived beliefs, lawyers and contract writers have used as a play on words to strike fear in the minds of the signatories. Mr. Gatten(or somebody) calls it ‘functional fixedness’.
Re: New FHA loans-assumable with a fee? - Posted by Mike Oldfield
Posted by Mike Oldfield on April 22, 1999 at 16:53:28:
Yes, But this is not the problem.
The problem is that you must qualify for the assumption.
FREELY ASSUMABLE GOOD
ASSUMABLE TO QUALIFIED BUYER NOT GOOD
The qualification process is nearly identicle to applying for a new loan. There is little benefit other than assuming a low interest rate. Many of these loan rates lately have a rate higher than what you can get with a new first loan.
a land trust. Haven’t seen any of Mr. Gattens witt(I mean wisdom) today, so I thought I’d stick my nose in. Pardon me. You’ll have to ask him for the full details. I’m not qualified. It’s still steeping into the old noggen.
An FHA clause I have seen, (effectively) prevents
one from transferring a property into a PACTrust
without consequence (DOS):
“Lender may, if permitted by applicable law and
with the prior approval of the Secretary, require
immediate payment in full…”
Wait a minute! If Garn-St. Germain is the applicable
law referred to above, then it is illegal for the
bank to call the loan when you put your property
into a PACTrust. Sorry FJW - my mistake.