Deed Of Sale Assumption Of Mortgage Template for Hong Kong

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Deed Of Sale Assumption Of Mortgage

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Deed Of Sale Assumption Of Mortgage

"I need a standard Deed of Sale Assumption of Mortgage under Hong Kong law for a residential property transfer where the buyer will take over my existing HSBC mortgage with HKD 2.5 million remaining balance, with completion planned for March 2025."

Document background
The Deed of Sale Assumption of Mortgage is a specialized legal instrument used in Hong Kong real estate transactions where the buyer wishes to take over the seller's existing mortgage rather than obtaining new financing. This document is particularly useful in situations where the existing mortgage terms are favorable or when refinancing might be challenging. The deed must comply with Hong Kong's strict property law requirements and banking regulations, including proper execution as a deed. It combines the essential elements of a property sale agreement with specific provisions for assuming mortgage obligations, making it a complex document that requires careful drafting to protect all parties' interests. This document type is commonly used in both residential and commercial property transactions, particularly in cases where maintaining the existing financing arrangement is advantageous to all parties.
Suggested Sections

1. Parties: Identifies the Seller (current mortgagor), Buyer (assuming mortgagor), and Mortgagee/Lender

2. Background: Recitals detailing the original mortgage, property details, and intention to transfer

3. Definitions: Defines key terms used throughout the deed

4. Sale and Purchase: Details the transfer of property from Seller to Buyer

5. Consideration: Specifies purchase price and payment terms

6. Assumption of Mortgage: Buyer's assumption of mortgage obligations and terms

7. Release of Original Mortgagor: Terms of release for the Seller from mortgage obligations

8. Representations and Warranties: Standard warranties from all parties regarding capacity, authority, and property condition

9. Completion Requirements: Conditions and requirements for completing the transfer

10. Costs and Stamp Duty: Allocation of transaction costs and stamp duty obligations

11. Governing Law and Jurisdiction: Confirms Hong Kong law governance and jurisdiction

12. Execution: Formal execution blocks meeting Hong Kong deed requirements

Optional Sections

1. Third Party Consents: Required when specific third-party approvals are needed for the transfer

2. Insurance: Used when specific insurance arrangements need to be transferred or established

3. Further Assurance: Optional clause for additional actions parties may need to take post-completion

4. Property Management Obligations: Include when there are specific property management or maintenance obligations to be transferred

5. Existing Tenancies: Required when the property is subject to ongoing tenancies

6. Environmental Matters: Include for properties with specific environmental considerations or obligations

7. Service Contracts: Used when there are ongoing service contracts that need to be addressed

Suggested Schedules

1. Property Description: Detailed legal description of the property including lot number and address

2. Original Mortgage Details: Key terms and conditions of the original mortgage being assumed

3. Outstanding Amount: Statement of the current mortgage balance and payment history

4. Completion Requirements: Checklist of documents and actions required for completion

5. Existing Encumbrances: List of any existing encumbrances, easements, or restrictions on the property

6. Form of Transfer Instruments: Standard forms required for Land Registry registration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Banking & Finance

Legal Services

Property Development

Property Investment

Property Management

Mortgage Services

Financial Services

Construction

Housing Development

Relevant Teams

Legal

Real Estate

Property Management

Finance

Compliance

Risk Management

Corporate Secretarial

Banking Operations

Property Development

Investment

Relevant Roles

Real Estate Lawyer

Property Lawyer

Banking Lawyer

Conveyancing Manager

Mortgage Officer

Property Manager

Real Estate Agent

Property Developer

Legal Counsel

Company Secretary

Finance Director

Property Investment Manager

Compliance Officer

Real Estate Transaction Manager

Banking Relationship Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Deed Of Sale With Assumption Of Mortgage Condominium

A Hong Kong law-governed deed for the sale of a condominium unit with transfer of existing mortgage obligations from seller to buyer.

find out more

Deed Of Absolute Sale Corporation

A formal legal document under Hong Kong law that transfers absolute ownership of property from one corporation to another, including all necessary terms and corporate authorizations.

find out more

Deed Of Absolute Sale Motor Vehicle

A Hong Kong law-governed deed that documents the absolute sale and transfer of ownership of a motor vehicle between parties, ensuring legal compliance with local transport regulations.

find out more

Bargain And Sale Deed

A Hong Kong law-governed deed used to transfer real property ownership from a vendor to a purchaser, requiring registration with the Land Registry.

find out more

Conditional Costs Agreement

A Hong Kong law-governed agreement establishing conditional fee arrangements between a law firm and client, specifying success-based payment terms and related conditions.

find out more

Deed Of Sale Rights Only

A Hong Kong law-governed deed that facilitates the formal transfer of specified rights from a seller to a buyer, providing enhanced legal protection through the deed structure.

find out more

Deed Of Sale Motor Vehicle

A Hong Kong law-governed deed for the formal transfer of motor vehicle ownership between parties, ensuring compliance with local transport regulations and transfer requirements.

find out more

Deed Of Sale House And Lot Rights

A Hong Kong law-governed deed that documents and effectuates the transfer of ownership rights for a house and lot from seller to buyer, complying with local property legislation and registration requirements.

find out more

Deed Of Sale Of Real Property

A formal deed governed by Hong Kong law that transfers ownership of real property from seller to buyer, complying with Hong Kong property legislation and registration requirements.

find out more

Deed Of Sale To Land Title

A Hong Kong law-governed deed that legally transfers land title from seller to buyer, incorporating all essential elements required under Hong Kong's property laws.

find out more

Deed Of Sale Assumption Of Mortgage

A Hong Kong law-governed deed that enables property sale while transferring existing mortgage obligations from seller to buyer.

find out more

Unilateral Advance Pricing Agreement

A binding agreement with Hong Kong's tax authority establishing approved transfer pricing methodologies for related party transactions.

find out more

Deed Of Sale Of A Portion Of Land

A Hong Kong law-governed deed for transferring ownership of a specific portion of land, including necessary property descriptions and statutory requirements.

find out more

Decline Request Letter

A formal letter used in Hong Kong business context to professionally decline requests or proposals while maintaining compliance with local regulations.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.