761 CMR 22.24
Change of Ownership; Assumptions
(1) Sales subject to Existing Mortgages. MHFA will allow the transfer of properties subject to the
terms of the Mortgage Loan on all FHA/VA Mortgage Loans. Servicer shall make any disclosure
necessary, assure that all insurance policies reflect the new ownership if required by FHA/VA and take
any action necessary to continue the benefits of the FHA/VA insurance or guaranty without
interruption. Servicer need not notify MHMFA of any such transfer subject to the terms of an existing
mortgage, where there is no right of acceleration upon transfer of ownership, unless it becomes
necessary at some later date to communicate with MHMFA regarding any servicing matter. At that
time, Servicer shall advise MHMFA of the name of the new owner, the date title was acquired, and
the terms of the sale, if known.
(2) Assumptions.
(a) FHA/VA Mortgage Loans -- When a property securing anFHA/VAMortgage Loanis sold
and the purchaser assumes the liability of the obligation, MHMFA will concur in the decision
reached by FHA or VA as to the acceptability ofthe newBorrower and whether or not the prior
Borrower is to be released from liability. Servicer shall make any disclosure necessary, assure that
all insurance policies reflect the new ownership and comply with all requirements of the FHA or
VA in obtaining their approval to the change of liability.
22.24: continued
(b) Conventional Mortgage Loans-- MHMFA believes that the right of acceleration upon transfer
of ownership is aninvaluable toolof any prudent private institutional mortgage investor in assuring
that Borrowers are responsible for making payments. Servicer shall use its best efforts to learnof
the sale or transfer of a mortgaged property or any other event giving rise to the right of
acceleration.
(c) Approval by Servicer -- Servicer has the authority to approve an assumption without obtaining
approval from MHMFA provided the new Borrower meets the eligibilitycriteria ofthe MHMFA
Loan Participation Program.
Documentation supporting the purchaser's satisfaction of the eligibility criteria ofthe MHMFA Loan
Participation Program must be made part of the Loan File but should not be forwarded to MHMFA
unless specifically requested. Servicer shall notify MHMFA of the name of the assumptor.
MHMFA has no objection to the release of the original Borrower upon assumption by a
satisfactory purchaser.
(d) Approval by MHMFA -- MHMFA will consider on a case basis assumptions by purchasers
who do not conform exactly to the requirementsoutlined above. (See 761 CMR 21.11 for general
requirements.) Servicer should submit their recommendations accompanied by anapplicationfor
an exemption by the proposed Borrower; a current credit report of the proposed Borrower; an
executed copy of the contract of sale; approval of the private mortgage insurance carrier;any other
pertinent information.
(e) Disclosure and Compliance -- Servicer shall make any disclosure and perform any acts
necessary to comply with the requirements of any applicable law or regulation including, but not
limited to, the Truth in Lending Act.
(f) Insurance Policies -- Servicer shall assure that all insurance policies reflect the new ownership
and take any action necessary to continue the benefits of insurance without interruption.
(3) Fees. Servicer may charge and retain a fee for the processing of an assumption of a Mortgage
Loan in which a Loan Participation is purchased by MHMFA where it is the common practice of
private institutional mortgage investors in the area. Such fee should bear a relationship to the actual
costs involved and be in accordance with amounts allowed by FHA, VA or other authority having
jurisdiction.
(4) Preparation of Documents. When an assumption or novation is approved by MHMFA, Servicer
shall prepare the appropriate documents and shall forward them to Seller for execution. Servicer is
responsible for delivering an executed copy of any document to all interested parties and retaining a
copy in the Loan File. Where it is the custom of private institutional mortgage investors, Servicer shall
arrange for the recording of any documents, the cost of which may be borne by Borrower where
permissible. Servicer shall take all steps commonly taken by private institutional mortgage investors
to assure the priority of the existing first lien.