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Mortgage Assumption Letter for Canada

Mortgage Assumption Letter Template for Canada

A formal document issued by a Canadian lending institution that provides official approval and outlines the terms for a new borrower to assume an existing mortgage from the current borrower. The letter operates under Canadian federal banking laws and provincial property legislation, detailing the outstanding mortgage balance, interest rate, remaining amortization period, and any conditions for the assumption. It serves as official confirmation that the lender agrees to the transfer of mortgage obligations from the existing borrower to the new borrower, subject to specified terms and conditions.

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What is a Mortgage Assumption Letter?

The Mortgage Assumption Letter is a crucial document in Canadian real estate transactions where a buyer wishes to take over the existing mortgage of a seller. This document is typically used when interest rates have increased significantly since the original mortgage was obtained, making it advantageous for the buyer to assume the existing mortgage rather than obtaining a new one. The letter, governed by Canadian federal banking laws and provincial property legislation, provides formal approval from the lending institution and outlines all relevant details of the assumption, including the remaining balance, interest rate, and any conditions that must be met. The Mortgage Assumption Letter must comply with requirements set forth by the Bank Act, provincial property laws, and, where applicable, the National Housing Act for insured mortgages. It serves as the official record of the lender's consent to transfer the mortgage obligations and specifies any additional requirements or conditions for the assumption to take effect.

What sections should be included in a Mortgage Assumption Letter?

1. Lender Information: Full legal name and contact details of the lending institution

2. Date: Current date of the letter

3. Recipient Information: Full names and addresses of both the assuming borrower and current borrower

4. Mortgage Reference: Original mortgage details including registration number, date, and property address

5. Assumption Approval: Clear statement of approval for the mortgage assumption

6. Current Mortgage Balance: Statement of the outstanding principal, interest rate, and remaining amortization period

7. Assumption Terms: Key terms and conditions of the assumption, including the effective date

8. Required Actions: List of steps the parties need to take to complete the assumption

9. Closing Statement: Contact information for questions and next steps

10. Authorized Signature: Signature block for authorized bank representative

What sections are optional to include in a Mortgage Assumption Letter?

1. Additional Conditions: Any special conditions or requirements specific to this assumption, used when there are non-standard terms

2. Insurance Requirements: Specific insurance requirements or changes, included when insurance terms need to be modified

3. Multiple Property Reference: Details of all properties covered by the mortgage, used when more than one property is involved

4. Cost and Fee Schedule: Breakdown of assumption fees and charges, included when there are multiple or complex fees

5. Co-Borrower Information: Details about co-borrowers, used when there are multiple parties assuming the mortgage

What schedules should be included in a Mortgage Assumption Letter?

1. Schedule A - Property Description: Legal description of the property or properties involved

2. Schedule B - Current Mortgage Terms: Detailed outline of the existing mortgage terms and conditions

3. Schedule C - Payment Schedule: Detailed payment information including dates and amounts

4. Appendix 1 - Required Documentation: Checklist of documents required from all parties to complete the assumption

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

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions




















Clauses


















Relevant Industries

Banking & Financial Services

Real Estate

Mortgage Lending

Property Development

Insurance

Legal Services

Financial Advisory

Relevant Teams

Mortgage Operations

Legal

Compliance

Credit Risk

Real Estate Services

Customer Service

Document Processing

Underwriting

Property Administration

Relevant Roles

Mortgage Specialist

Lending Officer

Credit Manager

Real Estate Lawyer

Mortgage Underwriter

Banking Operations Manager

Compliance Officer

Property Manager

Real Estate Agent

Financial Advisor

Legal Counsel

Risk Assessment Officer

Branch Manager

Mortgage Broker

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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