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Deed Of Assignment Mortgage
"I need a Swiss Deed of Assignment Mortgage to transfer a CHF 2.5M residential mortgage from Credit Suisse to UBS, with completion scheduled for March 15, 2025; the property is located in Zurich canton and we need to include standard representations and warranties."
1. Parties: Identification of the Assignor (current mortgage holder) and Assignee (new mortgage holder), including full legal names, addresses, and registration details if entities
2. Background: Context of the existing mortgage, including its creation date, original parties, and current status
3. Definitions: Definitions of key terms used in the deed, including Property, Mortgage, Assignment Date, etc.
4. Property Details: Precise legal description of the mortgaged property, including Land Register details and property identifier numbers
5. Existing Mortgage Details: Details of the mortgage being assigned, including original amount, current balance, registration details, and ranking
6. Assignment: Core provisions effecting the transfer of the mortgage from Assignor to Assignee
7. Consideration: Details of the payment or other consideration for the assignment
8. Representations and Warranties: Assignor's confirmations regarding ownership, authority to assign, and status of the mortgage
9. Completion Requirements: Steps required to complete the assignment, including registration requirements
10. Notices: Process for serving notices between parties
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Execution: Formal execution blocks meeting Swiss notarial requirements
1. Conditions Precedent: Include when the assignment is subject to specific conditions being met before completion
2. Borrower Consent: Include when the original mortgage terms require borrower consent for assignment
3. Security Agent Provisions: Include when the mortgage is part of a syndicated facility with a security agent structure
4. Tax Provisions: Include specific tax-related provisions when the assignment has particular tax implications
5. Further Assurance: Include when additional actions may be required post-completion
6. Costs and Expenses: Include specific provisions about transaction costs when these are significant or disputed
7. Partial Assignment Provisions: Include when only part of the mortgage is being assigned
1. Property Description Schedule: Detailed technical description of the property including plans and Land Register excerpts
2. Existing Mortgage Documentation: Copies or details of the original mortgage documentation
3. Form of Notice to Borrower: Template for notifying the borrower of the assignment
4. Land Register Application Forms: Required forms for registering the assignment
5. Payment Details: Bank account and payment instruction details
6. Powers of Attorney: If applicable, powers of attorney for executing the assignment
7. Supporting Resolutions: Corporate resolutions or authorizations if parties are entities
Authors
Assignor
Assignment Date
Borrower
Business Day
Cantonal Requirements
Completion
Consideration
Effective Date
Encumbrances
Existing Mortgage
Grundbuch
Land Register
Land Registry
Loan Agreement
Mortgage
Mortgage Certificate
Notary
Original Mortgage Agreement
Parties
Permitted Encumbrances
Property
Property Identifier
Purchase Price
Ranking
Registration Requirements
Related Rights
Relevant Canton
Security Interest
Swiss Civil Code
Title Documents
Transaction Documents
Transfer Date
Recitals
Definitions
Property Description
Existing Mortgage Details
Assignment
Consideration
Representations and Warranties
Registration Requirements
Completion
Conditions Precedent
Further Assurance
Notices
Costs and Expenses
Tax
Severability
Amendments
Entire Agreement
Counterparts
Governing Law
Jurisdiction
Notarial Requirements
Land Register Requirements
Assignment Consents
Security Provisions
Payment Provisions
Transfer Mechanics
Post-Completion Obligations
Default Provisions
Execution Formalities
Banking
Real Estate
Financial Services
Legal Services
Property Development
Investment Management
Insurance
Mortgage Lending
Asset Management
Commercial Property
Legal
Real Estate
Mortgage Services
Compliance
Risk Management
Property Finance
Credit Administration
Investment Management
Transaction Management
Portfolio Management
Asset Management
Documentation
Legal Counsel
Mortgage Advisor
Real Estate Manager
Property Finance Manager
Compliance Officer
Risk Manager
Portfolio Manager
Transaction Manager
Asset Manager
Banking Director
Real Estate Attorney
Notary Public
Land Registry Officer
Credit Risk Officer
Investment Manager
Property Finance Director
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