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The Loan Assumption: Selling With the Debt Attached

When your low-rate loan is worth more than your building. The full assumption process, timeline, and fees.

Definition

Loan Assumption: A transaction where the property buyer takes over the seller's existing Freddie Mac loan—same rate, same terms, same maturity date. The buyer pays an assumption fee and undergoes full underwriting. The seller is released from liability upon approval.

Why Are Loan Assumptions Suddenly Valuable?

In a rising rate environment, your old loan becomes an asset. That 4.5% rate you locked in 2021? Today's buyer would pay 7%+ for the same loan. The spread is worth hundreds of thousands in present value.

Freddie Mac SBL loans are assumable—but not automatically. The buyer must qualify, the process takes months, and fees add up. Here's how it actually works.

What Is the Value of an Assumable Loan?

The assumption value is the present value of debt service savings over the remaining loan term.

Assumption Value Example

Scenario: $2,000,000 loan balance, 5 years remaining, seller's rate 4.5%, current market rate 7.0%

MetricAssumed Loan (4.5%)New Loan (7.0%)Difference
Annual Debt Service$121,500$171,500$50,000/year saved
5-Year Savings$250,000 total
Present Value (6% discount)~$210,000

The Seller's Leverage: That $210,000 present value is real money. Smart sellers price it into the deal—either as a higher sale price or as a negotiating chip. Buyers get lower debt service; sellers get premium pricing.

What's the Assumption Process?

Don't confuse "assumable" with "easy." The buyer undergoes full underwriting as if applying for a new loan.

StepTimelineWhat Happens
1. Request Assumption PackageWeek 1Seller contacts servicer, requests assumption application
2. Buyer ApplicationWeek 2-3Buyer submits full loan application with financials
3. Buyer UnderwritingWeek 4-8Credit review, Form 1115 (GCF), experience verification
4. Property Re-EvaluationWeek 4-8Updated appraisal, property inspection, title update
5. Freddie Mac ApprovalWeek 8-10Final approval from Freddie Mac
6. ClosingWeek 10-12Document execution, assumption fee payment, transfer

The Timeline Trap: Sellers often promise buyers "we'll assume the loan" without understanding the 60-90 day timeline. A buyer expecting to close in 30 days will be disappointed. Set expectations early.

What Does the Buyer Need to Qualify?

The buyer must meet Freddie Mac's standard borrower requirements—same as a new loan:

Buyer Qualification Requirements

  • Key Borrower Principal: Identified individual with decision-making control and equity interest
  • Form 1115 (Borrower Certificate): Full financial disclosure—assets, liabilities, REO schedule
  • Global Cash Flow: 9-month liquidity requirement, positive GCF across portfolio
  • Experience: Prior multifamily ownership or property management experience
  • Credit: Clean credit history, no recent bankruptcies or foreclosures
  • Form 6025 Guaranty: Buyer signs new "bad boy" carve-out guaranty

First-Time Buyer Warning: If the buyer has no Freddie Mac history, expect additional scrutiny—potentially a Sponsor Meeting (interview) and stricter terms. Factor this into your timeline.

What Are the Assumption Fees?

FeeTypical AmountPaid By
Assumption Fee1% of loan balanceBuyer (negotiable)
Legal/Processing$3,000 - $7,500Buyer
Updated Appraisal$2,500 - $5,000Buyer
Title Update/Endorsement$1,500 - $3,000Buyer
Property Inspection$500 - $1,500Buyer

Total typical cost: $25,000 - $40,000 on a $2M loan assumption.

The Fee Negotiation: While the 1% assumption fee is "standard," it's negotiable in the purchase contract. Sellers with highly valuable low-rate loans may ask buyers to cover 100% of fees. Buyers in competitive situations may offer to split.

What Happens to the Seller's Liability?

Upon assumption approval, the seller is fully released from:

Form 6025 GuarantyBad boy carve-outs (fraud, misrepresentation, environmental)
Recourse ObligationsAny personal liability under loan documents
Ongoing CovenantsAll loan covenants transfer to buyer

Clean Break: Unlike some loan modifications where sellers retain liability, a Freddie Mac assumption provides complete release. Once the buyer is approved and closes, the seller has no further obligations.

When Does Assumption NOT Make Sense?

Assumption isn't always the right choice:

SituationWhy Assumption FailsAlternative
Short Remaining Term1-2 years left = minimal rate savingsNew loan with fresh term
Buyer Needs More ProceedsCan't increase loan amount on assumptionNew loan at higher LTV
Buyer Has Credit IssuesWon't pass Freddie Mac underwritingNon-agency or bank loan
Rate Differential is Small<1% spread doesn't justify fees/timelineNew loan, simpler process
Buyer Needs Speed60-90 day timeline is too longBridge loan or cash purchase

How Do I Structure an Assumption Deal?

The purchase contract should address assumption-specific terms:

Contract Provisions for Assumption

  • Assumption Contingency: Deal is contingent on servicer/Freddie Mac approval of assumption
  • Fee Allocation: Who pays the 1% fee, appraisal, legal costs
  • Timeline: Extended closing period (90+ days) to accommodate assumption process
  • Failure Remedy: What happens if assumption is denied—does buyer still close with new financing?
  • Cooperation Clause: Seller agrees to cooperate with all servicer requests

The Denial Risk: If the buyer fails underwriting, the assumption is denied. Your contract should specify whether the buyer must then obtain new financing or can walk away. Don't leave this ambiguous.

What Does the Servicer Need from the Seller?

Sellers have their own requirements during the assumption process:

Payoff QuoteCurrent loan balance and any accrued amounts
Escrow StatementCurrent escrow balances (transferred to buyer at closing)
Compliance ConfirmationSeller is current on payments, no defaults
Property AccessFor updated appraisal and inspections
Document ExecutionRelease documents, transfer of escrows

What's the Assumption Checklist?

Assumption Process Checklist

  • Week 1: Seller requests assumption package from servicer
  • Week 2: Buyer completes application, provides financials
  • Week 3: Servicer orders appraisal and property inspection
  • Week 4-6: Buyer underwriting in progress
  • Week 6-8: Freddie Mac review and approval
  • Week 8-10: Document preparation and title work
  • Week 10-12: Closing, fee payment, liability release

The Bottom Line: In a high-rate environment, your low-rate Freddie Mac loan is a valuable asset. But "assumable" doesn't mean "automatic." Budget 60-90 days, $25,000+ in fees, and full buyer underwriting. The rate savings can be substantial—but only if both parties understand the process.

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