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Mortgage Assumption Agreement Template for Singapore

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Key Requirements PROMPT example:

Mortgage Assumption Agreement

"Need a Mortgage Assumption Agreement for an HDB flat in Singapore where my brother will take over my existing mortgage from DBS Bank, with the transfer to be completed by March 2025; CPF funds are involved and we need to ensure all HDB regulations are properly addressed."

Document background
The Mortgage Assumption Agreement is a crucial document in Singapore's property financing landscape, used when a party wishes to take over an existing mortgage from the current borrower. This agreement becomes necessary in various scenarios, such as property transfers between family members, business restructuring, or when a buyer prefers to assume an existing mortgage rather than obtain new financing. The agreement must comply with Singapore's strict property and banking regulations, including MAS guidelines, and may require additional considerations for HDB properties or when CPF funds are involved. The document outlines the terms of assumption, releases the original borrower from obligations, and establishes the assuming borrower's responsibilities while maintaining the lender's security interests.
Suggested Sections

1. Parties: Identifies all parties involved: original borrower, assuming borrower, and lender

2. Background: Details of original mortgage, property, and reason for assumption

3. Definitions: Key terms used throughout the agreement

4. Assumption of Mortgage: Core terms of assumption including obligations and responsibilities

5. Property Description: Detailed description of the mortgaged property

6. Original Borrower Release: Terms of release for original borrower

7. Payment Terms: Details of remaining payments, interest rates, and payment schedule

8. Representations and Warranties: Statements of fact by all parties

9. Governing Law: Specification of Singapore law as governing law

Optional Sections

1. CPF Usage Terms: Required when CPF funds are involved in the mortgage

2. HDB Compliance: Special terms for HDB properties

3. Foreign Ownership Provisions: Additional requirements for foreign buyers

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property information including title details

2. Schedule 2 - Original Mortgage Terms: Copy or summary of original mortgage agreement

3. Schedule 3 - Payment Schedule: Detailed breakdown of remaining payments

4. Appendix A - Required Consents: Copies of regulatory approvals and consents

5. Appendix B - Property Valuation: Current property valuation report

Authors

Alex Denne

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

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Industries

Housing and Development Act (Chapter 129): Primary legislation governing HDB properties and their mortgage transfers. Contains specific regulations regarding mortgage transfers and assumptions for public housing.

Conveyancing and Law of Property Act (Chapter 61): Core legislation governing real property transactions in Singapore, including legal requirements and procedures for mortgage transfers and property conveyancing.

Banking Act (Chapter 19): Legislation regulating financial institutions and their mortgage lending practices, including requirements for mortgage transfers between banks.

Moneylenders Act (Chapter 188): Regulates licensed moneylenders and their lending practices, including provisions for mortgage loan transfers from licensed moneylenders.

Residential Property Act (Chapter 274): Governs restrictions on foreign ownership and requirements for residential property transactions in Singapore.

Central Provident Fund Act (Chapter 36): Legislation governing the use of CPF funds in property financing and mortgage payments, including rules for property transactions involving CPF funds.

Stamp Duties Act (Chapter 312): Specifies requirements for stamp duty payments and applicable duties for mortgage transfers and property transactions.

MAS Guidelines: Regulatory guidelines from the Monetary Authority of Singapore covering Total Debt Servicing Ratio (TDSR) requirements, Loan-to-Value (LTV) limits, and credit rules for mortgage lending.

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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