Deed Of Assignment With Assumption Of Mortgage Template for Singapore

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Key Requirements PROMPT example:

Deed Of Assignment With Assumption Of Mortgage

"I need a Deed of Assignment with Assumption of Mortgage for a private residential property in Singapore, where my company is taking over a commercial mortgage from ABC Holdings Ltd, with completion scheduled for March 15, 2025, and the outstanding mortgage amount is SGD 2.3 million."

Document background
The Deed of Assignment with Assumption of Mortgage is commonly used in Singapore when a property owner wishes to transfer their property while an existing mortgage is still in place. This document enables the new owner to take over both the property and the remaining mortgage obligations without requiring a new loan. The deed must comply with Singapore's strict property and banking regulations, including requirements from the Monetary Authority of Singapore and the Land Titles Act. It contains detailed information about the property, existing mortgage terms, and the rights and obligations being transferred. This type of deed is particularly useful in situations where refinancing isn't desired or possible, or when maintaining the existing mortgage terms is advantageous to all parties.
Suggested Sections

1. Parties: Identifies all parties to the deed including assignor, assignee, and mortgagee

2. Background: Sets out the context of the original mortgage and reason for assignment

3. Definitions: Defines key terms used throughout the deed

4. Assignment: Details of the property being assigned and terms of assignment

5. Consideration: States the amount paid for the assignment

6. Assumption of Mortgage: Terms of mortgage assumption by assignee

7. Representations and Warranties: Statements of fact and promises by parties

8. Execution: Formal execution requirements and witness details

Optional Sections

1. CPF Provisions: Required when CPF funds are used in the transaction

2. HDB Consent: Acknowledgment of HDB's approval for HDB properties

3. Spousal Consent: Consent from spouse when property is a matrimonial asset

Suggested Schedules

1. Property Description Schedule: Detailed description of the property including lot number, strata title details

2. Original Mortgage Schedule: Details of the original mortgage being assumed

3. Outstanding Payments Schedule: Statement of remaining mortgage payments and terms

4. CPF Schedule: Details of CPF usage and charges (if applicable)

5. Relevant Certificates: Copies of title, strata certificate, etc.

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
Industries

Conveyancing and Law of Property Act (Cap. 61): Primary legislation governing property transactions and transfers in Singapore, including requirements for valid assignments and legal formalities for property transfers

Land Titles Act (Cap. 157): Legislation covering registration requirements, indefeasibility of title, and dealings with registered land in Singapore

Housing and Development Act: Specific legislation governing HDB properties, including eligibility criteria and approval requirements for property transactions

Stamp Duties Act (Cap. 312): Legislation governing stamp duty obligations, payment timing requirements, and applicable rates and exemptions for property transactions

Banking Act (Cap. 19): Legislation covering regulations regarding mortgage arrangements and banking requirements for loan transfers

MAS Guidelines: Regulatory guidelines covering mortgage financing rules, Total Debt Servicing Ratio (TDSR) requirements, and Loan-to-Value (LTV) limits

Central Provident Fund Act: Legislation governing rules regarding CPF usage for property, including CPF charge/pledge requirements and refund requirements

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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