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Mortgage Sale Deed

Mortgage Sale Deed Template for Ireland

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Key Requirements PROMPT example:

Mortgage Sale Deed

"Need a Mortgage Sale Deed under Irish law for transferring a portfolio of 50 residential mortgages from Allied Irish Bank to Goldman Sachs International, with completion planned for March 2025; must include special provisions for non-performing loans and data protection requirements."

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Document background
The Mortgage Sale Deed is a crucial document in Irish property and financial transactions, used when a financial institution wishes to transfer its rights and interests in a mortgage to another entity. This document is particularly relevant in portfolio sales, debt restructuring, or strategic disposals of mortgage assets. The deed must comply with the Land and Conveyancing Law Reform Act 2009 and other relevant Irish legislation, ensuring proper transfer of security interests and registration rights. It typically includes comprehensive details about the underlying property, the existing mortgage, warranties from the seller, and specific provisions for completing the transfer. The document is essential for maintaining a clear chain of title and protecting the interests of all parties involved in the mortgage transfer.
Suggested Sections

1. Parties: Identification of the Seller (current mortgage holder) and Purchaser, including full legal names and addresses

2. Background: Recitals explaining the context of the mortgage sale, including reference to the original mortgage, property, and intention to sell

3. Definitions: Detailed definitions of key terms used throughout the deed, including 'Completion Date', 'Mortgage', 'Property', 'Purchase Price', etc.

4. Sale and Purchase: Core terms of the sale including the agreement to sell and purchase the mortgage, the purchase price, and completion arrangements

5. Completion: Details of the completion process, including timing, payment mechanisms, and delivery of documents

6. Seller's Warranties: Warranties given by the seller regarding ownership, authority to sell, status of the mortgage, and absence of encumbrances

7. Assignment Provisions: Specific provisions regarding the assignment of the mortgage, including all related rights and security

8. Notice and Registration: Requirements for notifying the mortgagor and registering the transfer with relevant authorities

9. Costs and Taxes: Allocation of costs, including stamp duty, registration fees, and professional fees

10. Governing Law and Jurisdiction: Confirmation that the deed is governed by Irish law and subject to Irish courts' jurisdiction

Optional Sections

1. Due Diligence Confirmations: Additional section required when specific due diligence findings need to be acknowledged

2. Data Protection: Required when personal data is being transferred as part of the mortgage sale

3. Portfolio Sale Provisions: Required when the sale involves multiple mortgages or properties

4. Special Conditions: Required when there are unique terms or conditions attached to the sale

5. Post-Completion Obligations: Required when there are specific actions to be taken after completion

6. Non-Performing Loan Provisions: Required when the mortgage being sold is in default or classified as non-performing

Suggested Schedules

1. Schedule 1 - Details of the Property: Full description of the mortgaged property including folio numbers and address

2. Schedule 2 - The Existing Mortgage: Details of the existing mortgage including date, original parties, and registration particulars

3. Schedule 3 - Form of Transfer: Prescribed form of transfer for registration purposes

4. Schedule 4 - Required Documentation: List of documents to be delivered on completion

5. Schedule 5 - Warranties: Detailed warranties given by the seller

6. Appendix A - Notice to Mortgagor: Form of notice to be sent to the mortgagor regarding the transfer

7. Appendix B - Powers of Attorney: Any required powers of attorney for completing the transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




































Clauses






























Relevant Industries

Banking

Financial Services

Real Estate

Investment Management

Legal Services

Mortgage Lending

Debt Purchase and Collection

Asset Management

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Finance

Credit

Property Finance

Asset Management

Investment

Operations

Portfolio Management

Relevant Roles

Legal Counsel

Mortgage Officer

Property Manager

Risk Manager

Compliance Officer

Portfolio Manager

Asset Manager

Transaction Manager

Real Estate Director

Chief Financial Officer

Investment Director

Credit Risk Manager

Debt Collection Manager

Property Finance Manager

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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