Deed Of Sale With Assumption Of Mortgage Condominium Template for Hong Kong

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Key Requirements PROMPT example:

Deed Of Sale With Assumption Of Mortgage Condominium

"I need a Deed of Sale With Assumption Of Mortgage Condominium for a luxury condo unit in Hong Kong Central, where the purchaser will assume my existing HSBC mortgage with HKD 5 million remaining balance, with completion planned for March 2025."

Document background
The Deed of Sale With Assumption of Mortgage Condominium is a specialized legal instrument used in Hong Kong property transactions where a condominium unit is sold with an existing mortgage that the buyer agrees to take over. This document is particularly relevant when the existing mortgage terms are favorable or when restructuring the mortgage would incur unnecessary costs. It must comply with Hong Kong's property law framework, including the Conveyancing and Property Ordinance, Building Management Ordinance, and banking regulations. The deed comprehensively addresses property transfer, mortgage assumption, condominium management requirements, and necessary consents from all parties. It's commonly used in Hong Kong's active property market, especially in situations where maintaining the existing mortgage arrangement benefits both parties and has the mortgagee bank's approval.
Suggested Sections

1. Parties: Identification of Vendor, Purchaser, Existing Mortgagee, and their respective details

2. Background: Recitals explaining the ownership status, existing mortgage, and intention to sell with mortgage assumption

3. Definitions: Definitions of key terms used throughout the deed

4. Sale and Purchase: Core terms of the sale including purchase price, payment terms, and completion requirements

5. Assumption of Mortgage: Terms of mortgage assumption, including outstanding amount, interest rate, and payment schedule

6. Property Details: Detailed description of the condominium unit, including share in common areas

7. Vendor's Warranties: Warranties regarding title, existing mortgage, and property condition

8. Purchaser's Warranties: Warranties regarding financial capacity and assumption of obligations

9. Mortgagee's Consent: Terms of the existing mortgagee's agreement to the assumption

10. Completion Requirements: Details of completion process, including documentation and payments

11. Assignment and Transfer: Terms of legal transfer of property and mortgage obligations

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

13. Governing Law: Specification of Hong Kong law as governing law

14. Execution: Execution blocks for all parties with deed requirements

Optional Sections

1. Property Management: Include when specific building management requirements need to be addressed

2. Existing Tenancies: Include when the property is subject to ongoing tenancies

3. Car Parking Space: Include when a parking space is included in the sale

4. Mortgage Insurance: Include when mortgage insurance is required or being transferred

5. Renovation Works: Include when there are ongoing or planned renovation works

6. DMC Compliance: Include when specific Deed of Mutual Covenant requirements need highlighting

7. Additional Security: Include when additional security for the mortgage is required

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property including lot number, floor plan

2. Schedule 2 - Existing Mortgage Details: Complete details of the existing mortgage being assumed

3. Schedule 3 - Payment Schedule: Breakdown of purchase price payments and mortgage payment schedule

4. Schedule 4 - Completion Documents: List of documents required for completion

5. Schedule 5 - Building Management Rules: Relevant extracts from building management rules

6. Appendix A - Property Floor Plan: Official floor plan of the condominium unit

7. Appendix B - Mortgage Payment History: Statement of current mortgage status and payment history

8. Appendix C - DMC Extract: Relevant extracts from the Deed of Mutual Covenant

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

Clauses
Relevant Industries

Real Estate

Banking and Finance

Legal Services

Property Management

Insurance

Mortgage Services

Property Development

Financial Services

Relevant Teams

Legal

Real Estate

Mortgage Services

Property Management

Compliance

Sales

Documentation

Risk Management

Property Administration

Banking Operations

Relevant Roles

Real Estate Lawyer

Property Conveyancer

Mortgage Specialist

Bank Manager

Property Manager

Legal Counsel

Real Estate Agent

Property Transaction Officer

Compliance Officer

Banking Officer

Real Estate Transaction Manager

Property Sales Director

Mortgage Advisor

Legal Documentation Specialist

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

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