When home owners can't make their payments or need to move quickly and their home hasn't sold, especially if they are in a tight money situation, they might be "open" to get out of the home without further obligation in any fashion they can. The seller may be willing to do anything to get someone else in. However, the mortgage company holding the loan is the only one who can agree that the note be assumed by another buyer. If you qualify to do that, you could probably qualify to just make a new mortgage note. I would advise extreme caution with taking over the payments on any home without going through an attorney. I have heard of multiple situations where buyers gave sellers a "down payment" ranging from $2,500-$10,000 and made monthly payments then found an eviction notice on the door from the mortgage company. The seller wasn't passing the payment on to the lender and their only choice was to sue the seller for the return of monies paid and none I'm aware of were able to collect anything back. I agree with Alayne, there are some owner finance properties where the seller does own the property without obligation to a lender. That would be your best and safest option.
RE/MAX Elite Group