A. An owner of residential real estate that is improved by the construction thereon of housing consisting of four or fewer dwelling units and encumbered by a mortgage or deed of trust shall have the right, upon written request to any holder of the obligation secured by the mortgage or deed of trust, to receive a written disclosure of whether the holder will permit a qualified purchaser to assume the mortgage or deed of trust. If the answer is in the affirmative, the holder shall disclose the following information regarding the terms of such assumption:
1. The rate of interest to be assumed, which may vary with an exterior standard;
2. The balance of the escrow account, if any;
3. Any fees and charges to be assessed by the holder against the seller and buyer in connection with the assumption;
4. Usual limitations or requirements placed on the assumption; and
5. Other terms and conditions of the assumption deemed pertinent by the holder.
B. The holder shall state the time period during which the terms disclosed pursuant to subsection A shall be valid, together with any limitations thereon.
C. Any holder receiving such a written request from an owner shall respond in writing within 10 business days of the receipt of the request.
D. Any holder receiving a second or subsequent written request with respect to the same mortgage or deed of trust within any 12-month period may charge a fee, not to exceed $15, for each additional request. The fee shall be paid in advance.
1982, c. 233, § 6.1-2.9:3; 1990, c. 7; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 4 - Certain Lending Practices
§ 6.2-400. Amount of late charge; when charge can be made
§ 6.2-401. Acceleration clause in note evidencing installment loan; effect of acceleration
§ 6.2-402. Notice of use of Rule of 78 rebate method
§ 6.2-404. When use of Rule of 78 prohibited or permitted
§ 6.2-405. References to sections regulating rebates of unearned interest and prepayment penalties
§ 6.2-406. Disclosure of terms of mortgage application
§ 6.2-407. Lenders to furnish borrower with copy of appraisal
§ 6.2-408. Priority of interest on debts secured by mortgage or deed of trust
§ 6.2-409. Addition of unpaid interest to principal balance
§ 6.2-410. Borrowers not to be required to employ particular professionals
§ 6.2-411. Requirements relating to insurance
§ 6.2-412. Insurance coverage under certain loans not to exceed replacement value of improvements
§ 6.2-413. Obligation of lender to reimburse unused mortgage guaranty insurance premiums
§ 6.2-414. Obligation of person maintaining escrow account to pay taxes and insurance; penalties
§ 6.2-415. Lender not to cancel insurance policy at time of refinancing under certain circumstances
§ 6.2-416. Certain mortgages not to prohibit further encumbrance of real property
§ 6.2-418. Property owner entitled to written statement of payoff amount
§ 6.2-419. Disclosure of terms of assumption
§ 6.2-420. Prepayment penalty not to be collected in certain circumstances
§ 6.2-421. Certain contracts to permit prepayment; amount of prepayment penalty
§ 6.2-422. Prepayment penalty for loan secured by home occupied by borrower
§ 6.2-425. Cardholder not liable in absence of request for, consent to issuance of, or use of card
§ 6.2-426. When request, consent, or use not condition precedent to liability
§ 6.2-427. Costs and attorney fee in suit on card; evidence of request or consent
§ 6.2-428. Production of credit card number as condition of check cashing or acceptance prohibited
§ 6.2-429. Improper use of payment device numbers
§ 6.2-430. Place where transaction occurred; federal Fair Credit Billing Act
§ 6.2-431. Certain cards excepted
§ 6.2-432. Credit card account disclosures
§ 6.2-433. Amendment to open-end credit contract or plan by bank or savings institution
§ 6.2-434. Law governing open-end credit contract or plan by bank or savings institution
§ 6.2-435. Law governing open-end credit contract or plan by seller or lender