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Mortgage Assignment Agreement
"I need a Mortgage Assignment Agreement under Saudi law for transferring a single residential property mortgage from Al Rajhi Bank to Riyad Bank, with completion scheduled for March 2025; the property is located in Riyadh and the mortgage value is 2.5 million SAR."
1. Parties: Identification of Assignor (current mortgagee), Assignee (new mortgagee), and acknowledgment by Mortgagor
2. Background: Details of the original mortgage, property, and reason for assignment
3. Definitions and Interpretation: Key terms including Property, Mortgage, Secured Obligations, and relevant Saudi law terms
4. Assignment: Core provisions detailing the transfer of mortgage rights and secured obligations
5. Consideration: Details of payment or other consideration for the assignment
6. Completion: Requirements and conditions for completing the assignment, including registration requirements
7. Representations and Warranties: Standard and Shariah-compliant representations from all parties
8. Covenants: Ongoing obligations of the parties, including registration and notification requirements
9. Further Assurance: Obligations to execute further documents and assist with perfection
10. Costs and Expenses: Allocation of costs including registration fees and taxes
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Confirmation of Saudi law governance and jurisdiction
13. Language: Specification of controlling language (Arabic/English) for the agreement
1. Security Agent Provisions: Required when the assignment involves a security agent structure
2. Islamic Finance Provisions: Additional Shariah compliance provisions if specifically required
3. Tax Provisions: Detailed tax provisions if cross-border elements exist
4. Regulatory Compliance: Specific provisions required for regulated entities
5. Multiple Properties: Additional provisions for assignments involving multiple properties
6. Partial Assignment: Required when only part of the mortgage rights are being assigned
7. Currency Provisions: Required for cross-border transactions with different currencies
1. Property Description: Detailed legal description of the mortgaged property
2. Original Mortgage: Copy or details of the original mortgage agreement
3. Existing Security: Details of any existing security or encumbrances
4. Form of Notices: Template notices to relevant parties regarding the assignment
5. Registration Requirements: Checklist of required registrations and filings
6. Powers of Attorney: Required forms of power of attorney for registration
7. Shariah Approval: Relevant Shariah board approvals or certifications
8. Transfer Documents: Forms of additional transfer documentation required by Saudi authorities
Authors
Banking
Real Estate
Financial Services
Islamic Finance
Property Development
Construction
Infrastructure
Commercial Property
Residential Property
Investment Management
Legal
Real Estate
Finance
Compliance
Risk Management
Islamic Banking
Corporate Affairs
Property Management
Security & Collateral
Operations
Legal Counsel
Real Estate Manager
Finance Manager
Compliance Officer
Property Manager
Risk Manager
Islamic Finance Specialist
Corporate Lawyer
Real Estate Finance Manager
Transaction Manager
Security Trustee
Portfolio Manager
Chief Legal Officer
Real Estate Director
Banking Operations Manager
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