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Mortgage Assignment Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

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."

What is a Mortgage Assignment Agreement?

The Mortgage Assignment Agreement is a crucial document used in Saudi Arabian financial and real estate transactions when transferring mortgage rights between parties. This agreement is particularly relevant in scenarios such as bank portfolio sales, refinancing arrangements, or corporate restructuring where mortgage rights need to be transferred. The document must strictly comply with Saudi Arabian law, including the Real Estate Finance Law and SAMA regulations, while maintaining Shariah compliance. It typically includes comprehensive details about the original mortgage, the property involved, the rights being transferred, and the obligations of all parties. The agreement must address specific Saudi Arabian requirements for mortgage assignments, including property registration procedures, regulatory approvals, and Shariah-compliant transfer mechanisms. This document is essential for maintaining clear title and security interest records in Saudi Arabia's property and financial systems.

What sections should be included in a Mortgage Assignment Agreement?

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

What sections are optional to include in a Mortgage Assignment 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

What schedules should be included in a Mortgage Assignment Agreement?

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

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

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Relevant Industries

Banking

Real Estate

Financial Services

Islamic Finance

Property Development

Construction

Infrastructure

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Residential Property

Investment Management

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Islamic Banking

Corporate Affairs

Property Management

Security & Collateral

Operations

Relevant Roles

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

Industries








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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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