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Assignment Of Mortgage for Nigeria

Assignment Of Mortgage Template for Nigeria

A legal document governed by Nigerian law that facilitates the transfer of mortgage rights and interests from one party (the Assignor) to another (the Assignee). The document ensures compliance with Nigerian property laws, particularly the Land Use Act and state-specific mortgage regulations, while maintaining the original mortgage terms with the Mortgagor. It includes detailed provisions for the transfer of rights, obligations, and securities associated with the mortgage, along with necessary warranties and representations required under Nigerian law.

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Assignment Of Mortgage

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What is a Assignment Of Mortgage?

An Assignment of Mortgage is a crucial document used in Nigerian banking and real estate transactions when a mortgagee (typically a bank or financial institution) needs to transfer its rights and interests in a mortgage to another party. This commonly occurs during loan portfolio sales, bank restructuring, or refinancing arrangements. The document must comply with Nigerian federal and state laws, including the Land Use Act, relevant property laws, and banking regulations. It contains specific provisions addressing the transfer of rights, outstanding loan amounts, property details, and security interests. The assignment must be properly registered with relevant land registries and appropriately stamped to be enforceable under Nigerian law. This document is essential for maintaining the chain of title and ensuring the new mortgagee has proper legal standing to enforce the mortgage terms.

What sections should be included in a Assignment Of Mortgage?

1. Parties: Identifies and defines the Assignor (current mortgagee), Assignee (new mortgagee), and acknowledgment by the Mortgagor

2. Background: Recitals detailing the original mortgage, its registration details, and the intention to assign

3. Definitions: Defines key terms used in the assignment including Property, Mortgage, Secured Obligations, etc.

4. Assignment: Core provision transferring all rights, title, and interest in the mortgage from Assignor to Assignee

5. Consideration: States the amount paid by the Assignee to the Assignor for the assignment

6. Assignor's Covenants: Warranties and representations by the Assignor regarding the mortgage, outstanding amount, and authority to assign

7. Mortgagor's Acknowledgment: Confirmation by the Mortgagor of the assignment and agreement to pay the Assignee

8. Completion Requirements: Steps to be taken to complete the assignment including registration and stamping requirements

9. Governing Law: Specifies Nigerian law as governing law and relevant jurisdiction

10. Execution: Signature blocks and attestation requirements for all parties

What sections are optional to include in a Assignment Of Mortgage?

1. Further Assurance: Additional commitments by parties to execute further documents if needed - include if complex transaction or multiple properties

2. Costs: Specifies which party bears the costs of assignment - include if not addressed in main transaction documents

3. Notices: Communication procedures between parties - include if ongoing obligations exist

4. Partial Assignment: Include only if assigning part rather than whole of the mortgage interest

5. Power of Attorney: Include if Assignee needs power to act independently in relation to the mortgage

What schedules should be included in a Assignment Of Mortgage?

1. Property Description: Detailed description of the mortgaged property including title details and registration particulars

2. Original Mortgage: Copy or details of the original mortgage deed including date, parties, and registration details

3. Outstanding Amount: Statement of the current mortgage balance and payment terms

4. Existing Securities: List of any additional securities or collateral associated with the mortgage

5. Required Consents: Copies of necessary consents from regulatory authorities or other parties

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

Nigeria

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions



























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Relevant Industries

Banking

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