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Deed Of Assignment Mortgage for Ireland

Deed Of Assignment Mortgage Template for Ireland

A Deed of Assignment Mortgage is a formal legal document used in Ireland to transfer mortgage rights and obligations from one party (the assignor) to another party (the assignee). This document, governed by Irish law, particularly the Land and Conveyancing Law Reform Act 2009, facilitates the legal transfer of mortgage interests, including all associated rights, securities, and benefits. It contains detailed provisions regarding the assignment of the mortgage, representations and warranties, and requirements for registration with the Irish Land Registry. The deed ensures compliance with Irish property law and financial regulations while protecting the interests of all parties involved, including the original borrower.

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Deed Of Assignment Mortgage

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What is a Deed Of Assignment Mortgage?

A Deed of Assignment Mortgage is a crucial document in Irish property and banking law, used when transferring mortgage rights between financial institutions or other parties. This document is commonly used in loan portfolio sales, bank restructurings, or when mortgages are sold or transferred between lenders. The deed must comply with Irish property law requirements, particularly the Land and Conveyancing Law Reform Act 2009 and relevant Central Bank regulations. It includes essential details about the original mortgage, the property, the parties involved, and the terms of the assignment. The document is particularly important in Ireland's financial services sector, where mortgage assignments are common in both commercial and residential contexts. The deed must be properly executed and registered with the Land Registry to ensure the effective transfer of the mortgage security.

What sections should be included in a Deed Of Assignment Mortgage?

1. Parties: Identification of the Assignor (current mortgage holder), Assignee (party receiving the mortgage rights), and Borrower

2. Background: Recitals explaining the original mortgage, the reason for assignment, and current status of the mortgage

3. Definitions: Definitions of key terms used throughout the deed, including Property, Mortgage, Secured Liabilities, etc.

4. Assignment: Core operative clause transferring all rights, title, and interest in the mortgage from Assignor to Assignee

5. Consideration: Details of the payment or other consideration for the assignment

6. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, status of the mortgage, etc.

7. Covenants: Ongoing obligations of the parties, including cooperation with registration

8. Further Assurance: Obligation to execute further documents and take additional steps if needed

9. Notices: Procedure for giving notices under the deed

10. Governing Law and Jurisdiction: Confirmation of Irish law as governing law and Irish courts' jurisdiction

What sections are optional to include in a Deed Of Assignment Mortgage?

1. Security Trust Provisions: Required when the assignment involves a security trustee structure

2. Third Party Rights: Include when the assignment affects third party rights or when excluding third party rights under the Contracts (Rights of Third Parties) Act

3. Tax Provisions: Include specific tax-related provisions when the assignment has particular tax implications

4. Data Protection: Include when personal data processing is involved in the assignment

5. Power of Attorney: Include when specific powers need to be granted to the Assignee to perfect the assignment

What schedules should be included in a Deed Of Assignment Mortgage?

1. Schedule 1 - Details of the Property: Full legal description of the mortgaged property, including folio numbers

2. Schedule 2 - The Original Mortgage: Details of the original mortgage deed including date, parties, and registration particulars

3. Schedule 3 - The Secured Liabilities: Details of the underlying debt and other secured obligations being assigned

4. Schedule 4 - Forms of Notices: Template notices to be sent to the Borrower and any relevant third parties

5. Appendix 1 - Copy of Original Mortgage Deed: Certified copy of the original mortgage deed

6. Appendix 2 - Title Documents: Copies of relevant title documents and registration certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Ireland

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

































Clauses
























Relevant Industries

Banking

Financial Services

Real Estate

Property Development

Mortgage Lending

Investment Management

Asset Management

Private Equity

Relevant Teams

Legal

Real Estate

Mortgage Operations

Credit Risk

Compliance

Property Finance

Commercial Banking

Portfolio Management

Asset Management

Transaction Management

Relevant Roles

Legal Counsel

Property Lawyer

Banking Lawyer

Mortgage Officer

Credit Manager

Real Estate Manager

Portfolio Manager

Risk Manager

Compliance Officer

Property Finance Manager

Transaction Manager

Asset Manager

Commercial Banking Officer

Mortgage Underwriter

Industries







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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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