Deed Of Sale Assumption Of Mortgage Template for New Zealand

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Key Requirements PROMPT example:

Deed Of Sale Assumption Of Mortgage

"I need a Deed of Sale Assumption of Mortgage for a residential property in Auckland, where the purchaser will assume the existing mortgage of NZD 750,000 with settlement planned for March 15, 2025, and the current lender has already provided preliminary approval."

Document background
The Deed of Sale Assumption of Mortgage is a specialized legal instrument used in New Zealand when a property buyer wishes to take over the seller's existing mortgage rather than arranging new financing. This approach can be advantageous when the existing mortgage has favorable terms or when it helps facilitate the sale process. The document combines elements of both a property sale agreement and mortgage transfer, requiring careful attention to both New Zealand property law and banking regulations. It's particularly useful in situations where the existing mortgage terms are attractive to the purchaser or when refinancing might be challenging or less advantageous. The deed must comply with various New Zealand legislation, including the Property Law Act 2007, Land Transfer Act 2017, and relevant banking regulations. It includes comprehensive details about the property, the existing mortgage terms, obligations of all parties, and the lender's consent to the transfer.
Suggested Sections

1. Parties: Identifies and defines all parties involved: Current owner (Vendor), Purchaser, Current Mortgagee (Lender), and any other relevant parties

2. Background: Recitals explaining the current ownership, existing mortgage, and intention to transfer property with mortgage assumption

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation rules

4. Sale Agreement: Details of the property sale including purchase price, deposit, and settlement arrangements

5. Mortgage Assumption: Terms and conditions of the mortgage assumption, including outstanding balance, interest rate, and payment terms

6. Vendor's Warranties: Warranties regarding property title, existing mortgage, and absence of undisclosed encumbrances

7. Purchaser's Covenants: Purchaser's commitments regarding mortgage payments and compliance with mortgage terms

8. Lender's Consent: Terms of the lender's agreement to the mortgage assumption and any conditions imposed

9. Settlement and Transfer: Procedures for completing the sale and transferring both property and mortgage obligations

10. Default and Remedies: Consequences and available remedies in case of default by any party

11. Costs and Expenses: Allocation of transaction costs, including legal fees and registration fees

12. Execution: Formal execution clauses and attestation requirements for a deed

Optional Sections

1. Body Corporate Provisions: Required for apartments or units under body corporate management, addressing body corporate rules and obligations

2. Tenant Provisions: Required if the property is currently tenanted, addressing existing tenancy agreements

3. GST Provisions: Required if either party is GST-registered and the transaction has GST implications

4. Rural Provisions: Required for rural properties, addressing specific rural considerations like stock, equipment, or agricultural leases

5. Guarantee: Required if there are personal or corporate guarantors for the mortgage assumption

6. Conditions Precedent: Required if there are specific conditions that must be met before settlement

7. Property Management: Required if there are specific property management arrangements to be transferred

Suggested Schedules

1. Property Schedule: Detailed description of the property including title references, boundaries, and improvements

2. Mortgage Schedule: Details of the existing mortgage including loan number, outstanding balance, payment terms, and security arrangements

3. Chattels Schedule: List of chattels included in the sale

4. Payment Schedule: Detailed breakdown of payment terms, including deposit, settlement payment, and ongoing mortgage payments

5. Due Diligence Results: Summary of property investigations, title searches, and other due diligence findings

6. Disclosure Schedule: Required disclosures about the property's condition, outstanding notices, or compliance issues

7. Existing Encumbrances: List of any existing encumbrances, easements, or covenants affecting the property

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 Industries

Real Estate

Banking and Finance

Legal Services

Property Development

Property Management

Construction

Agricultural (for rural properties)

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Finance

Mortgage Services

Compliance

Risk Management

Settlement Operations

Title Services

Corporate Advisory

Relevant Roles

Property Lawyer

Real Estate Agent

Mortgage Broker

Bank Manager

Property Manager

Legal Counsel

Conveyancing Manager

Finance Manager

Property Developer

Real Estate Investment Manager

Compliance Officer

Settlement Officer

Title Officer

Corporate Lawyer

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

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