The Deed of Assignment Mortgage is a crucial document in Swiss property financing transactions, used when transferring mortgage rights between parties. It's commonly employed in scenarios such as loan portfolio sales, refinancing arrangements, or bank restructuring situations. The document must comply with Swiss federal law (particularly the Swiss Civil Code and Code of Obligations) and cantonal requirements, necessitating precise drafting and formal execution. This deed includes comprehensive details about the property, existing mortgage, parties involved, and terms of assignment. Given Switzerland's strict property and security rights regulations, the document requires notarization and subsequent registration in the Land Register to be legally effective. The Deed of Assignment Mortgage serves as official evidence of the transfer and must contain all elements required by Swiss law to ensure the assignment's validity and enforceability.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of the Assignor (current mortgage holder) and Assignee (new mortgage holder), including full legal names, addresses, and registration details if entities
2. Background: Context of the existing mortgage, including its creation date, original parties, and current status
3. Definitions: Definitions of key terms used in the deed, including Property, Mortgage, Assignment Date, etc.
4. Property Details: Precise legal description of the mortgaged property, including Land Register details and property identifier numbers
5. Existing Mortgage Details: Details of the mortgage being assigned, including original amount, current balance, registration details, and ranking
6. Assignment: Core provisions effecting the transfer of the mortgage from Assignor to Assignee
7. Consideration: Details of the payment or other consideration for the assignment
8. Representations and Warranties: Assignor's confirmations regarding ownership, authority to assign, and status of the mortgage
9. Completion Requirements: Steps required to complete the assignment, including registration requirements
10. Notices: Process for serving notices between parties
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Execution: Formal execution blocks meeting Swiss notarial requirements
1. Conditions Precedent: Include when the assignment is subject to specific conditions being met before completion
2. Borrower Consent: Include when the original mortgage terms require borrower consent for assignment
3. Security Agent Provisions: Include when the mortgage is part of a syndicated facility with a security agent structure
4. Tax Provisions: Include specific tax-related provisions when the assignment has particular tax implications
5. Further Assurance: Include when additional actions may be required post-completion
6. Costs and Expenses: Include specific provisions about transaction costs when these are significant or disputed
7. Partial Assignment Provisions: Include when only part of the mortgage is being assigned
1. Property Description Schedule: Detailed technical description of the property including plans and Land Register excerpts
2. Existing Mortgage Documentation: Copies or details of the original mortgage documentation
3. Form of Notice to Borrower: Template for notifying the borrower of the assignment
4. Land Register Application Forms: Required forms for registering the assignment
5. Payment Details: Bank account and payment instruction details
6. Powers of Attorney: If applicable, powers of attorney for executing the assignment
7. Supporting Resolutions: Corporate resolutions or authorizations if parties are entities
Find the exact document you need
Assignment Of Beneficial Interest In Property
A Swiss law document transferring beneficial interest in property from an Assignor to an Assignee, compliant with Swiss federal and cantonal requirements.
Download
Deed Of Assignment Of Rental Income
A Swiss law governed instrument that assigns rental income from a property owner to a designated recipient, typically used in real estate financing and security arrangements.
Download
Deed Of Assignment Mortgage
A Swiss law-governed document that formally transfers mortgage rights from one party to another, requiring notarization and Land Register registration.
Download
Deed Of Assignment Of Loan
A Swiss law-governed document that transfers loan rights and obligations from one lender to another, complying with Swiss Code of Obligations requirements.
Download
Confirmatory Deed Of Assignment
A Swiss law-governed document that formally confirms and evidences a previous assignment of rights, property, or claims between parties.
Download
Assignment Of Rents Trust Deed
A Swiss law security instrument establishing a trust over assigned rental income from properties, combining property and trust law elements for effective security arrangements.
Download
Assignment Of Lease Deed
A Swiss law-governed deed that transfers lease rights and obligations from an existing tenant to a new tenant, with landlord consent, under the Swiss Code of Obligations.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)