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Mortgage Loan Assumption Agreement Template for Singapore

A Mortgage Loan Assumption Agreement under Singapore law is a legal document that facilitates the transfer of mortgage obligations from an existing borrower to a new borrower. The agreement must comply with Singapore's Banking Act, Conveyancing and Law of Property Act, and relevant MAS guidelines. It outlines the terms and conditions under which the new borrower assumes responsibility for the existing mortgage, including payment terms, obligations, and the release of the original borrower from liability.

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What is a Mortgage Loan Assumption Agreement?

The Mortgage Loan Assumption Agreement is utilized when an existing borrower wishes to transfer their mortgage obligations to another party in Singapore. This document is particularly relevant in situations involving property sales where the buyer wishes to assume the existing mortgage, family transfers, or business restructuring. The agreement must comply with Singapore's strict banking and property laws, including MAS guidelines on total debt servicing ratios and loan-to-value limits. It provides comprehensive details about the original loan, the property, payment terms, and the responsibilities being transferred. The document ensures all parties understand their rights and obligations under Singapore law, and typically requires approval from the lending institution.

What sections should be included in a Mortgage Loan Assumption Agreement?

1. Parties: Details of original borrower, assuming borrower, and lender

2. Background: Information about original loan, property, and reason for assumption

3. Definitions: Key terms used throughout the agreement

4. Assumption of Obligations: Terms of assumption and transfer of mortgage obligations

5. Original Borrower Release: Terms of release for original borrower

6. Payment Terms: Details of payment schedule, interest rates, and fees

7. Representations and Warranties: Statements of fact by all parties

8. Default Provisions: Consequences of default and remedies

9. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Mortgage Loan Assumption Agreement?

1. CPF Usage: Required if CPF funds are involved in the mortgage

2. HDB Compliance: Special terms for HDB properties

3. Foreign Ownership Provisions: Additional requirements for foreign buyers

What schedules should be included in a Mortgage Loan Assumption Agreement?

1. Schedule 1 - Property Details: Full legal description of mortgaged property

2. Schedule 2 - Original Loan Details: Terms of original mortgage loan being assumed

3. Schedule 3 - Payment Schedule: Detailed payment terms and amortization schedule

4. Appendix A - Required Documents: List of documents required for assumption process

5. Appendix B - Consent Forms: Required consent forms from relevant 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

Jurisdiction

Singapore

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use

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