In the case of an assumed mortgage, none the home vendor neither the lender is responsible for revealing all the information of loan. And therefore, the customer exactly who don’t know that the presumed loan has actually a good prepayment punishment condition does not have any you to fault however, himself.
“While i bought my home 24 months back, We assumed the borrowed funds of your merchant. Recently i put on re-finance, and you will is informed that we must pay a great $5,000 prepayment penalty. The mortgage data I became given when i thought the mortgage provided a truth-in-credit means that means a great prepayment punishment, but cannot allow the number. I happened to be informed your information can be found in the latest promissory notice closed by prior owner, that we had never seen. I asked a duplicate of your notice regarding the bank, and you will sure enough, they shows a punishment of five% of brand-new mortgage amount whether your balance are paid back in the 1st 5 years. Is to which was basically unveiled for me when i assumed brand new financial?”
Yes, an entire information on the new prepayment punishment need to have become expose to you at that time you believed new seller’s financial. Whose obligation was it to assure the revelation is made? Your personal.
Owner need given the notice, just like the complete duty for purchasing it actually was getting moved on to you personally, however for certain reason the guy did not. Possibly it had been shed. It absolutely was your duty in order to demand it, if in case the seller didn’t have they, so you’re able to consult a copy on the bank, because you in the course of time performed. 続きを読む