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.
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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
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
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
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