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The Deed of Absolute Sale With Assumption of Mortgage is a specialized legal instrument used in Dutch property transactions where the buyer wishes to assume the seller's existing mortgage rather than arranging new financing. This document type is particularly relevant in situations where the existing mortgage terms are favorable or when parties wish to minimize refinancing costs. The deed must be prepared and executed by a Dutch civil law notary and requires explicit consent from the mortgage holder. It combines elements of a standard property sale agreement with specific provisions for mortgage assumption, ensuring compliance with Dutch Civil Code requirements, mortgage regulations, and registration laws. The document includes detailed property descriptions, financial terms, warranties, and specific conditions for both the sale and mortgage assumption. This type of deed is commonly used in the Netherlands' real estate market and must be registered with the Dutch Land Registry (Kadaster) to effect the transfer of both property and mortgage obligations.

1. Parties: Identification of the Seller, Buyer, and Current Mortgage Holder (typically a bank)

2. Background: Context of the sale and existing mortgage situation, including reference to the original mortgage agreement

3. Definitions: Key terms used throughout the deed, including Property, Existing Mortgage, Transfer Date, etc.

4. Property Description: Detailed legal description of the property, including cadastral details and registered encumbrances

5. Sale Agreement: Terms of the sale including purchase price, payment terms, and transfer date

6. Mortgage Assumption Details: Specific terms of the mortgage assumption, including outstanding amount and terms being assumed

7. Seller's Warranties: Warranties regarding property ownership, absence of undisclosed encumbrances, and authority to sell

8. Transfer of Rights and Obligations: Legal provisions for transferring both property ownership and mortgage obligations

9. Bank's Consent: Formal documentation of the mortgage holder's approval of the assumption

10. Transfer Costs: Allocation of costs related to the transfer and mortgage assumption

11. Possession and Risk: Provisions regarding transfer of possession and assumption of risk

12. Registration Instructions: Instructions for cadastral registration of the transfer and mortgage assumption

13. Governing Law: Confirmation of Dutch law application and jurisdiction

14. Execution: Formal execution requirements and notarial statement