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Mortgage Assumption Agreement
"I need a Mortgage Assumption Agreement for a commercial property in Mumbai, where my company will take over an existing mortgage from ABC Corp, with the handover planned for March 2025; the original mortgage is with State Bank of India and includes additional security requirements for the assuming party."
1. Parties: Identifies the original borrower (existing mortgagor), the assuming party (new mortgagor), and the lender (mortgagee)
2. Background: Describes the existing mortgage arrangement, property details, and the intention to transfer the mortgage obligations
3. Definitions: Defines key terms used throughout the agreement, including Property, Existing Mortgage, Assumption Date, etc.
4. Assumption of Mortgage: Core section detailing the transfer of mortgage obligations and rights from original borrower to assuming party
5. Original Mortgage Terms: Confirmation of the existing mortgage terms that will continue to apply
6. Representations and Warranties: Statements of fact and assurances from both original borrower and assuming party
7. Lender's Consent: Express consent of the lender to the assumption and any conditions attached
8. Property Details: Detailed description of the mortgaged property as required by Indian property law
9. Payment Terms: Details of outstanding balance, interest rate, payment schedule, and any modified terms
10. Release of Original Borrower: Terms of release of the original borrower from mortgage obligations
11. Registration and Stamp Duty: Provisions regarding document registration and payment of applicable stamp duty
12. Governing Law and Jurisdiction: Specifies Indian law as governing law and relevant jurisdiction for disputes
13. Execution: Signature blocks and execution formalities for all parties
1. Security Enhancement: Additional security provisions required by lender from assuming party, used when additional collateral or guarantees are needed
2. Due Diligence Findings: Summary of property and financial due diligence, included when specific findings need to be acknowledged
3. Insurance Requirements: Specific insurance obligations, included when existing insurance arrangements need modification
4. Property Maintenance Covenants: Specific maintenance obligations, included for commercial properties or properties requiring special care
5. Co-Borrower Provisions: Used when the assumption involves multiple assuming parties
6. Prepayment Terms: Included when special prepayment rights or restrictions are negotiated as part of the assumption
7. Transfer Restrictions: Added when lender imposes specific restrictions on future transfers
1. Schedule 1 - Property Description: Detailed legal description of the mortgaged property including boundaries and survey details
2. Schedule 2 - Original Mortgage Deed: Copy or key terms of the original mortgage deed being assumed
3. Schedule 3 - Payment Schedule: Detailed amortization schedule showing remaining payments
4. Schedule 4 - Outstanding Balance Statement: Current loan balance and any arrears as of the assumption date
5. Schedule 5 - Assumption Terms Summary: Summary of key modified terms, if any
6. Appendix A - Required Insurance Certificates: Copies of insurance policies required under the mortgage
7. Appendix B - Property Inspection Report: Recent property condition assessment if required by lender
8. Appendix C - Credit Assessment: Credit evaluation of the assuming party (if referenced in agreement)
Authors
Assumption Date
Applicable Law
Assumed Obligations
Business Day
Completion Date
Default
Effective Date
Encumbrance
Existing Mortgage
Financial Institution
Interest Rate
Lender
Loan Balance
Material Adverse Effect
Mortgage
Mortgaged Property
Original Borrower
Original Mortgage Agreement
Outstanding Amount
Party/Parties
Payment Date
Property
Property Documents
Registration Authority
Relevant Jurisdiction
Repayment Schedule
Security
Stamp Duty
Title Documents
Transfer Date
Assuming Party
Assumption Fee
Compliance Certificate
Due Diligence
Event of Default
Governmental Authority
Insurance Requirements
Liability
Mortgage Term
Notice
Payment Schedule
Property Tax
Registration Fee
Representations and Warranties
Security Interest
Term
Assignment and Transfer
Consent and Approval
Property Description
Financial Terms
Payment Obligations
Interest Rate
Security Interest
Registration Requirements
Representations and Warranties
Covenants
Default and Remedies
Insurance Requirements
Property Maintenance
Indemnification
Release of Original Borrower
Lender's Rights
Compliance with Laws
Notice Requirements
Amendment and Modification
Stamp Duty and Registration
Governing Law
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Assignment
Further Assurance
Costs and Expenses
Confidentiality
Successors and Assigns
Counterparts
Banking & Financial Services
Real Estate
Housing Finance
Commercial Property
Residential Property
Legal Services
Property Development
Construction
Mortgage Lending
Legal
Real Estate Operations
Credit Risk
Mortgage Operations
Compliance
Property Services
Documentation
Loan Processing
Risk Management
Financial Advisory
Mortgage Officer
Real Estate Lawyer
Property Manager
Banking Operations Manager
Credit Risk Officer
Real Estate Agent
Property Valuation Expert
Legal Counsel
Loan Officer
Financial Advisor
Real Estate Transaction Manager
Compliance Officer
Documentation Specialist
Branch Manager
Property Documentation Officer
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