PolicyBrief
H.R. 5728
119th CongressOct 10th 2025
Rural Homeownership Continuity Act of 2025
IN COMMITTEE

This act allows new buyers to assume existing Section 502 rural home loans, releasing the original borrower from all future debt obligations.

Jim Costa
D

Jim Costa

Representative

CA-21

LEGISLATION

Rural Housing Bill Allows Buyers to Take Over Existing Mortgages, Releasing Original Owners from Debt

The Rural Homeownership Continuity Act of 2025 is looking to simplify how homes financed under the Doug Bereuter Section 502 Single Family Housing Loan Guarantee Program change hands. Essentially, this bill introduces a major change: it allows new, qualified buyers to assume (take over) the existing guaranteed loan when purchasing a home.

The Handshake Deal: Getting Off the Hook

For current rural homeowners, this is the biggest deal in the bill. If you have a Section 502 loan and sell your house, and the buyer successfully assumes your mortgage, you are completely released from all future liability. That’s right—you, and anyone who co-signed, are totally off the hook. This is a huge benefit for sellers. Imagine you move for a job but are still technically responsible for a mortgage guarantee years later; this bill cuts that tie immediately upon sale. It adds liquidity and certainty, making it easier for people to move without carrying financial baggage.

Stepping Into Existing Terms (Maybe)

For the buyer, the appeal of loan assumption is often the chance to lock in an older, potentially lower interest rate than what’s available today. The bill states that the new borrower must take on all existing obligations of the original loan. However, there’s a crucial caveat: the Secretary of Agriculture has the authority to set the terms "or whatever terms the Secretary decides are appropriate." This is a big, vague piece of language. While the intent might be to keep the process flexible, it also means the Secretary has significant discretion to change the terms—perhaps adjusting the interest rate or payment structure—even if the buyer was hoping to inherit the original, favorable deal. It's a potential risk of uncertainty for the buyer.

The Cost of Paperwork

While this process aims to be smoother, it won't be free. The bill authorizes the Secretary to create rules allowing the companies that service these Section 502 loans to charge fees to cover the administrative costs of processing the loan transfer. For a busy buyer trying to navigate closing costs, this introduces a new, potentially variable expense. The concern here is that without tight oversight, these administrative fees could become disproportionately high, adding friction and cost to a process intended to simplify rural home sales. The USDA will need to set clear guardrails to ensure these fees only cover actual costs, not become a new profit center for servicers.