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Hans Baum
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Subject To -- VA Loan Question

Hans Baum
Posted Mar 28 2024, 16:55

I'm in the process of purchasing a home for personal use and have come across a dream house. The home is priced at $430,000, with an existing mortgage of $350,000 at a 3% interest rate. I'm considering assuming this mortgage, either "subject to" or by transferring the property into a trust, where I would then buy a majority share and cover the remaining balance in cash.

The complication arises from the fact that this existing mortgage is a VA loan. I understand that VA loans are assumable, but I'm unsure how this affects the original borrower's ability to use their VA loan benefits in the future. Specifically, if the original loan recipient has a total VA loan entitlement of $750,000, does my assuming their $370,000 mortgage reduce their available entitlement to only $380,000 for future use? So does that mean they can only buy $380,000 of house?

I would greatly appreciate insights into how this scenario impacts the original borrower's VA loan entitlement and any potential solutions or considerations I should be aware of in proceeding with this transaction. I would prefer to place the title in a trust and purchase a majority share in the trust, as I have heard people are doing (clears the mortgage from the seller's DTI), but I would really appreciate hearing what you have to say. This is my first home purchase.

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