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Mortgage Assumption Agreement
"I need a Mortgage Assumption Agreement for the transfer of a residential property mortgage from my parents to me, with Commonwealth Bank as the lender, to be completed by March 2025, including provisions for a 6-month transition period where we'll have shared responsibility."
1. Parties: Identifies all parties to the agreement: the original borrower (transferor), the assuming party (transferee), and the lender
2. Background: Outlines the existing mortgage arrangement, property details, and the parties' intention to transfer the mortgage obligations
3. Definitions: Defines key terms used throughout the agreement, including property description, original mortgage details, and relevant dates
4. Assumption of Mortgage: Details the transfer of mortgage obligations from original borrower to assuming party
5. Original Borrower's Representations: Warranties and representations from the original borrower regarding the mortgage status and property condition
6. Assuming Party's Representations: Warranties and representations from the assuming party regarding their ability to meet mortgage obligations
7. Lender's Consent: Terms of the lender's approval of the assumption and any conditions attached
8. Payment Terms: Confirms the outstanding balance, interest rate, payment schedule, and any modified terms
9. Release of Original Borrower: Terms under which the original borrower is released from future mortgage obligations
10. Security Interests: Confirmation of continuing security interests and any additional security requirements
11. Default Provisions: Consequences of default under the assumed mortgage
12. General Provisions: Standard contract clauses including governing law, notices, and amendments
1. Partial Assumption Provisions: Used when only a portion of the mortgage is being assumed or when multiple borrowers exist and only some are being released
2. Additional Property Provisions: Required when the mortgage covers multiple properties or when only certain properties are subject to the assumption
3. Insurance Requirements: Specific insurance obligations beyond standard requirements
4. Special Payment Arrangements: Used when establishing non-standard payment terms or transitional payment arrangements
5. Cross-Collateralization: Required when the assumed mortgage is linked to other security interests or loans
6. Guarantor Provisions: Included when there are guarantors for the assuming party's obligations
1. Schedule A - Property Description: Detailed legal description of the mortgaged property
2. Schedule B - Original Mortgage Terms: Copy or summary of the original mortgage agreement's key terms
3. Schedule C - Payment Schedule: Detailed payment schedule including amounts, dates, and payment methods
4. Schedule D - Outstanding Balance Statement: Current mortgage balance and any other amounts owing as of the assumption date
5. Schedule E - Lender's Special Requirements: Any specific conditions or requirements imposed by the lender for the assumption
6. Appendix 1 - Required Documents: List of documents required for the assumption process and confirmation of mortgage transfer
7. Appendix 2 - Compliance Certificates: Copies of necessary compliance certificates and regulatory approvals
Authors
Assumption Date
Assumed Obligations
Business Day
Completion
Consideration
Default Event
Effective Date
Encumbrance
Existing Mortgage
GST
Guarantor
Indebtedness
Interest Rate
Land
Lender
Loan
Mortgage
Original Borrower
Original Mortgage Agreement
Outstanding Balance
Payment Date
Permitted Encumbrances
Property
Reference Rate
Related Entity
Release Date
Relevant Documents
Representatives
Security
Security Interest
Settlement
Settlement Date
Title Documents
Transfer
Transferee
Transferor
Variation
Definitions
Assumption
Transfer
Consideration
Representations and Warranties
Consent
Release
Payment Obligations
Security Interest
Property Rights
Insurance
Default
Remedies
Indemnification
Assignment
Notice
Governing Law
Jurisdiction
Severability
Amendment
Entire Agreement
Waiver
Force Majeure
Costs and Expenses
GST
Confidentiality
Further Assurance
Execution
Counterparts
Banking & Financial Services
Real Estate
Legal Services
Property Development
Mortgage Broking
Financial Advisory
Property Management
Insurance
Legal
Mortgage Services
Credit Assessment
Risk Management
Compliance
Property Services
Loan Operations
Customer Relations
Document Processing
Settlement Services
Legal Counsel
Mortgage Officer
Credit Manager
Property Lawyer
Loan Officer
Compliance Officer
Risk Manager
Real Estate Agent
Property Manager
Financial Advisor
Mortgage Broker
Banking Relationship Manager
Conveyancer
Settlement Officer
Credit Analyst
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