Problem 1: You have been asked to prepare a mortgage to secure a real estate loan transaction. You have been asked to use the Fannie Mae/Freddie Mac Uniform Mortgage. What information do you need to prepare the mortgage?
Problem 2: You have granted a mortgage on your home to First Bank and Trust. The mortgage is a Fannie Mae/Freddie Mac Uniform Mortgage. You currently have the home under a contract for sale. You want to be able to sell the home and have the purchaser assume the mortgage to First Bank and Trust. Two days before the closing of the sale, you notify First Bank and Trust that you are selling the property and that the purchaser will assume the loan. First Bank and Trust responds that it will not consent to the sale unless you provide financial information concerning the purchaser and pay First Bank and Trust a fee of $1000. First Bank and Trust also informs you that if you refuse to cooperate and sell the home without its consent, it will call the loan in default and foreclose. Can First Bank and Trust legally do this? Explain.
Two different cases make sure you put the numbers to see the differences
Hinkel, Daniel F.. Practical Real Estate Law (MindTap Course List) (p. 356). Cengage Learning. Kindle Edition.