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Assignment Of Mortgage Template for Nigeria

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Key Requirements PROMPT example:

Assignment Of Mortgage

"I need an Assignment of Mortgage document for transferring a commercial property mortgage from First Bank Nigeria to Access Bank, with the property located in Lagos State; the original mortgage was created in 2020 and the assignment needs to be completed by March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ 抖阴短视频 | 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

Financial Services

Real Estate

Construction

Legal Services

Property Development

Mortgage Lending

Investment Management

Relevant Teams

Legal

Mortgage Operations

Real Estate

Compliance

Risk Management

Credit Administration

Property Management

Document Management

Banking Operations

Relevant Roles

Mortgage Officer

Legal Counsel

Banking Manager

Property Manager

Real Estate Manager

Compliance Officer

Risk Manager

Credit Manager

Portfolio Manager

Real Estate Attorney

Banking Operations Manager

Property Rights Officer

Document Controller

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