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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."
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
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
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
Assumption Date
Business Day
Completion
Completion Date
Consideration
Deed
Encumbrances
Existing Mortgage
Hong Kong
Land Registry
Lender
Mortgage
Mortgage Account
Mortgage Amount
Mortgage Documents
Original Mortgagor
Outstanding Balance
Parties
Property
Purchase Price
Purchaser
Relevant Authority
Sale Documents
Seller
Stamp Duty
Title Documents
Transfer Documents
Transfer Instruments
Vendor
Completion Requirements
Assumed Obligations
Registration Requirements
Permitted Encumbrances
Property Rights
Related Documents
Security Interest
Transaction Documents
Property Transfer
Mortgage Assumption
Payment Terms
Consideration
Release of Original Mortgagor
Representations and Warranties
Covenants
Title Warranty
Assignment
Completion
Conditions Precedent
Further Assurance
Costs and Expenses
Stamp Duty
Registration
Insurance
Property Condition
Environmental Matters
Notices
Governing Law
Jurisdiction
Entire Agreement
Severability
Force Majeure
Assignment and Transfer
Third Party Rights
Amendments
Counterparts
Default
Remedies
Indemnification
Survival
Confidentiality
Dispute Resolution
Taxes
Documentation
Time of Essence
Real Estate
Banking & Finance
Legal Services
Property Development
Property Investment
Property Management
Mortgage Services
Financial Services
Construction
Housing Development
Legal
Real Estate
Property Management
Finance
Compliance
Risk Management
Corporate Secretarial
Banking Operations
Property Development
Investment
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
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