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Deed Of Assignment Mortgage Template for Philippines

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Key Requirements PROMPT example:

Deed Of Assignment Mortgage

"I need a Deed of Assignment of Mortgage for transferring a residential property mortgage from ABC Bank to XYZ Bank in Manila, with the assignment to take effect from March 1, 2025; the original mortgage value is 5 million Philippine Pesos."

Document background
The Deed of Assignment of Mortgage is a crucial document in Philippine property and finance law, used when transferring mortgage rights between parties. This document is commonly used in scenarios such as bank portfolio sales, debt restructuring, or when financial institutions reorganize their mortgage holdings. The deed must comply with specific requirements under Philippine law, including the Civil Code of the Philippines and the Property Registration Decree. It needs to be properly executed, notarized, and registered with the Registry of Deeds to be effective. The document typically includes comprehensive details about the original mortgage, the property involved, the outstanding debt, and the terms of assignment. It's particularly important in the banking sector where mortgage assignments are common during asset sales or securitization transactions.
Suggested Sections

1. Parties: Identifies and provides full details of the Assignor (current mortgagee) and Assignee (new mortgagee), including their legal capacity to enter into the agreement

2. Background: Recitals describing the original mortgage, the property details, and the intention to assign the mortgage

3. Definitions: Defines key terms used throughout the deed, including 'Mortgage', 'Property', 'Secured Obligations', and 'Assignment Date'

4. Assignment: Core provision that effects the transfer of the mortgage and all associated rights from Assignor to Assignee

5. Consideration: States the amount paid by the Assignee to the Assignor for the assignment

6. Assignor's Representations and Warranties: Warranties regarding ownership of the mortgage, absence of prior assignments, and validity of the underlying mortgage

7. Completion Requirements: Steps to be taken to complete the assignment, including registration requirements and delivery of documents

8. Notice to Mortgagor: Provisions regarding notification of the assignment to the original mortgagor

9. Costs and Expenses: Allocation of costs related to the assignment, including registration fees and taxes

10. Governing Law and Jurisdiction: Specifies Philippine law as governing law and designates jurisdiction for disputes

11. Execution: Formal execution block including notarization requirements under Philippine law

Optional Sections

1. Further Assurance: Additional commitments by the Assignor to execute further documents if needed - include when the assignment involves complex property rights

2. Tax Provisions: Specific provisions regarding tax implications - include when the assignment has significant tax consequences

3. Security Provisions: Additional security arrangements - include when supplementary security is being provided

4. Mortgagor's Consent: Section for mortgagor's acknowledgment - include when mortgagor's consent is required or obtained

5. Power of Attorney: Grants power to Assignee to deal with property-related matters - include when direct authority is needed

6. Bank Provisions: Special provisions required by banking regulations - include when either party is a banking institution

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the mortgaged property, including title information and location

2. Schedule 2 - Original Mortgage: Copy or details of the original mortgage deed being assigned

3. Schedule 3 - Outstanding Amount: Statement of the outstanding mortgage amount and payment details

4. Schedule 4 - Required Documents: List of documents to be delivered upon completion

5. Appendix A - Form of Notice to Mortgagor: Template for the formal notice to be sent to the mortgagor

6. Appendix B - Registration Requirements: Checklist of requirements for registration with the Registry of Deeds

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

Relevant legal definitions










































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Relevant Industries

Banking

Financial Services

Real Estate

Property Development

Mortgage Lending

Legal Services

Insurance

Investment Management

Asset Management

Corporate Finance

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Credit Administration

Corporate Banking

Mortgage Operations

Documentation

Property Management

Asset Management

Treasury

Relevant Roles

Legal Counsel

Corporate Lawyer

Real Estate Manager

Mortgage Officer

Banking Officer

Finance Manager

Property Manager

Compliance Officer

Risk Manager

Asset Manager

Portfolio Manager

Credit Officer

Legal Documentation Specialist

Real Estate Attorney

Banking Executive

Treasury 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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