Although they share some aspects, a mortgage assumption and subject to sale have some material differences.

  • Similarities:
    • loan terms remain the same after sale
    • impact on veterans eligibility (except VA-to-VA with entitlement substitution)
    • the seller is entitled to their equity
    • the seller is no longer the owner of the home
  • Differences:
    • in a loan assumption, the loan is transferred to the buyer while in a subject to, the loan remains in the sellers name