Assumption Desk

Taking over an existing mortgage: who can, how, and what it takes

Release of liability

Desk answer

Without a written release, the original borrower can remain liable if the new owner stops paying. Servicers grant releases after approving a creditworthy buyer. Sellers should not close an assumption without confirming the release in writing.

Last reviewed against the primary sources listed below.

Get in writing

Assumption questions

Am I liable after someone assumes my loan?

You can be unless the servicer releases you in writing.

HUD, VA, USDA and CFPB sources

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