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Overview

However, some allow the assumption to be implied based on the behavior of the parties. For example, making payments on the mortgage can evince an intent to assume it, as can paying less than the value of the property (if the difference is the amount outstanding on the mortgage). Absent an assumption of the mortgage by the purchaser, the purchaser buys the property subject to the mortgage, which means the property is still encumbered and the lender has an interest in the property.