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Mortgage Assumption Agreement Template
I need a Mortgage Assumption Agreement Template for a residential apartment in Dubai Marina, where the original conventional mortgage from Emirates NBD will be transferred from the current owner to me, with the assumption planned for March 2025.
1. Parties: Identifies the Original Borrower (Assignor), the Assuming Party (Assignee), and the Lender/Bank
2. Background: Describes the original mortgage, the property details, and the intention to transfer the mortgage obligations
3. Definitions: Defines key terms used throughout the agreement, including Property, Original Mortgage, Assumption Date, etc.
4. Assumption of Mortgage: Core section detailing the transfer of mortgage obligations and responsibilities from Assignor to Assignee
5. Original Borrower's Representations: Warranties regarding the current status of the mortgage, property, and any existing defaults
6. Assuming Party's Representations: Warranties regarding financial capacity, eligibility, and commitment to assume the mortgage
7. Lender's Consent: Terms of the lender's approval of the assumption and any conditions attached
8. Transfer of Rights and Obligations: Detailed provisions regarding the transfer of all mortgage-related rights and responsibilities
9. Payment Terms: Details of ongoing payment obligations, including amounts, dates, and payment methods
10. Property Registration: Requirements and procedures for updating property registration records
11. Governing Law and Jurisdiction: Specifies UAE law as governing law and relevant courts for dispute resolution
1. Islamic Finance Compliance: Required when the original mortgage is Sharia-compliant, detailing compliance with Islamic finance principles
2. Broker/Agent Provisions: Include when a real estate broker or agent is involved in facilitating the assumption
3. Property Management: Required when there are specific property management obligations being transferred
4. Insurance Requirements: Optional section detailing specific insurance requirements if different from original mortgage
5. Co-borrower Provisions: Include when there are co-borrowers in the original mortgage or assumption
6. Release of Original Borrower: Optional section specifying conditions for release of original borrower from obligations
1. Schedule 1 - Property Details: Detailed description of the mortgaged property, including title deed information
2. Schedule 2 - Original Mortgage Terms: Summary of key terms from the original mortgage agreement
3. Schedule 3 - Payment Schedule: Detailed breakdown of remaining payments and payment schedule
4. Schedule 4 - Required Documents: List of documents required for mortgage assumption and property registration
5. Appendix A - Lender's Consent Form: Standard form for lender's formal consent to the assumption
6. Appendix B - Property Registration Forms: Required forms for updating property registration records
Authors
Assumption Date
Assignor
Assignee
Lender
Property
Original Mortgage
Mortgage Amount
Outstanding Balance
Title Deed
Completion Date
Default
Due Date
Effective Date
Encumbrance
Interest Rate
Land Department
Mortgage Term
Monthly Payment
Original Mortgage Agreement
Payment Schedule
Principal Amount
Property Registration
Purchase Price
Registration Fee
Security
Transfer Date
Transfer Fee
Business Day
Confidential Information
Governing Law
Liability
Material Adverse Effect
Regulatory Authority
Representatives
Working Day
Recitals
Definitions
Interpretation
Assignment
Assumption
Consideration
Representations and Warranties
Property Details
Payment Terms
Default
Security
Registration
Transfer
Lender Consent
Islamic Finance Compliance
Property Maintenance
Insurance
Conditions Precedent
Completion
Indemnification
Release
Notices
Confidentiality
Assignment and Transfer
Amendment
Severability
Waiver
Force Majeure
Entire Agreement
Costs and Expenses
Dispute Resolution
Governing Law
Jurisdiction
Banking & Financial Services
Real Estate
Islamic Finance
Property Development
Mortgage Lending
Real Estate Investment
Legal Services
Property Management
Legal
Real Estate
Mortgage Operations
Compliance
Risk Management
Islamic Banking
Property Registration
Document Management
Customer Service
Credit Assessment
Mortgage Officer
Real Estate Lawyer
Property Manager
Bank Manager
Real Estate Agent
Mortgage Broker
Legal Counsel
Compliance Officer
Islamic Finance Specialist
Property Registration Officer
Real Estate Transaction Manager
Risk Assessment Manager
Banking Operations Manager
Document Control Specialist
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