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Deed Of Sale Of Motor Vehicle With Assumption Of Mortgage Template for Philippines

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Key Requirements PROMPT example:

Deed Of Sale Of Motor Vehicle With Assumption Of Mortgage

"I need a Deed of Sale of Motor Vehicle with Assumption of Mortgage for my 2022 Toyota Fortuner, where the buyer will assume my remaining mortgage of PHP 800,000 with BPI Bank, with the transfer scheduled for March 15, 2025."

Document background
The Deed Of Sale Of Motor Vehicle With Assumption Of Mortgage is a crucial legal instrument in the Philippine jurisdiction that serves a dual purpose: transferring vehicle ownership and reassigning mortgage obligations. This document is typically used when a vehicle owner wishes to sell their mortgaged vehicle before fully paying off the loan, and the buyer agrees to take over the remaining mortgage payments. It must comply with various Philippine regulations, including the Civil Code, Land Transportation and Traffic Code (RA 4136), and relevant banking and financial regulations. The document includes comprehensive details about the vehicle, parties involved, outstanding mortgage balance, payment terms, and conditions for the transfer. It requires careful drafting to protect all parties' interests and ensure smooth processing with both the Land Transportation Office and the mortgage holder. The document is particularly important in the Philippine context where vehicle financing and subsequent transfers are common transactions requiring formal documentation and regulatory compliance.
Suggested Sections

1. Parties: Identifies and provides complete details of the Seller, Buyer, and Original Mortgagee

2. Background: Outlines the current ownership status of the vehicle, existing mortgage arrangement, and intention to transfer both ownership and mortgage obligations

3. Definitions: Defines key terms used throughout the deed including 'Vehicle', 'Mortgage', 'Outstanding Balance', and other relevant terms

4. Vehicle Details: Comprehensive description of the motor vehicle including make, model, year, color, engine number, chassis number, plate number, and registration details

5. Sale Price and Payment Terms: Specifies the total sale price, payment structure, and any down payment arrangements

6. Mortgage Details: Details of the existing mortgage including original amount, outstanding balance, interest rate, and payment terms

7. Transfer of Rights and Obligations: Formal transfer of vehicle ownership and assumption of mortgage obligations from seller to buyer

8. Representations and Warranties: Warranties regarding vehicle condition, ownership, existing liens, and seller's authority to transfer

9. Mortgagee's Consent: Written consent and acknowledgment from the mortgagee regarding the transfer of mortgage obligations

10. Registration and Transfer Requirements: Obligations regarding vehicle registration transfer and documentation requirements

11. Governing Law: Specifies Philippine law as governing law and relevant jurisdiction

12. Execution: Signature blocks for all parties including witnesses and notary requirements

Optional Sections

1. Insurance Provisions: Used when existing insurance policies need to be transferred or new insurance requirements are specified

2. Co-Maker Provisions: Include when a co-maker or guarantor is required for the assumption of mortgage

3. Delivery Terms: Used when specific arrangements for vehicle delivery need to be documented

4. Maintenance Records: Include when transferring maintenance history and service obligations

5. Default Provisions: Additional terms regarding default scenarios and remedies, if more detailed than standard mortgage terms

6. Pre-existing Damage Disclosure: Used when there is existing damage or repair history that needs to be documented

Suggested Schedules

1. Schedule A - Vehicle Specifications: Detailed technical specifications and features of the vehicle

2. Schedule B - Payment Schedule: Detailed breakdown of remaining mortgage payments including dates and amounts

3. Schedule C - Vehicle Inspection Report: Current condition report and assessment of the vehicle

4. Schedule D - Existing Mortgage Agreement: Copy of the original mortgage agreement being assumed

5. Appendix 1 - Vehicle Registration Documents: Copies of current registration and relevant LTO documents

6. Appendix 2 - Insurance Documentation: Details of existing insurance coverage and policies

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































Clauses






























Relevant Industries

Automotive

Financial Services

Banking

Insurance

Legal Services

Transportation

Vehicle Leasing

Auto Dealership

Vehicle Finance

Relevant Teams

Legal

Finance

Compliance

Credit Risk

Sales

Documentation

Vehicle Registration

Collections

Customer Service

Risk Management

Relevant Roles

Legal Counsel

Automotive Finance Manager

Bank Officer

Vehicle Sales Manager

Compliance Officer

Credit Risk Officer

Auto Loan Officer

Legal Documentation Specialist

Vehicle Registration Officer

Contract Administrator

Finance Director

Dealership Manager

Collections Manager

Risk Assessment Officer

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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