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Loan Assignment And Assumption Agreement Template for United States

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Key Requirements PROMPT example:

Loan Assignment And Assumption Agreement

"I need a Loan Assignment and Assumption Agreement to transfer a secured commercial real estate loan portfolio worth $50 million from First National Bank to Deutsche Capital, with the assignment to be effective March 15, 2025, and including provisions for the existing loan servicer to continue managing the portfolio."

Document background
The Loan Assignment And Assumption Agreement is commonly used when lenders need to transfer their loan portfolios, restructure their assets, or exit specific lending relationships. This document, governed by U.S. federal and state laws, details the transfer of all rights, title, and interest in the loan from the original lender to the new lender. It includes essential information such as the loan details, purchase price, representations about the loan's status, and compliance with applicable regulations. The agreement is crucial for maintaining proper documentation of the loan transfer while ensuring all parties understand their rights and obligations under the new arrangement.
Suggested Sections

1. Parties: Identifies original lender (assignor), new lender (assignee), and borrower

2. Background/Recitals: Details of original loan agreement and reason for assignment

3. Definitions: Key terms used throughout the agreement

4. Assignment and Assumption: Core provisions detailing the transfer of rights and obligations

5. Purchase Price: Consideration for the assignment

6. Representations and Warranties: Statements of fact by parties about their authority and loan status

7. Closing Conditions: Requirements to be met before assignment becomes effective

8. Governing Law: Jurisdiction governing the agreement

9. Signature Block: Execution provisions for all parties

Optional Sections

1. Security Interest Provisions: Required when the original loan includes collateral or security interests that need to be assigned

2. Servicer Provisions: Terms relating to loan servicing arrangements when a third-party servicer is involved

3. Regulatory Compliance: Specific regulatory requirements when involving regulated financial institutions

Suggested Schedules

1. Schedule A - Original Loan Agreement: Copy of the loan agreement being assigned

2. Schedule B - Loan Schedule: Details of outstanding loan amount, payment schedule, and interest rate

3. Schedule C - Security Documents: List and copies of any security documents related to the loan

4. Schedule D - Required Consents: Copies of third-party consents required for assignment

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

Clauses

























Industries

UCC Article 9: Federal Uniform Commercial Code Article 9 governing secured transactions, which provides rules for creation, perfection, and priority of security interests in personal property

Truth in Lending Act (TILA): Federal law requiring disclosure of consumer credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Debt Collection Practices Act (FDCPA): Federal law limiting the behavior and actions of debt collectors who are attempting to collect debts on behalf of another person or entity

State UCC Variations: State-specific modifications and interpretations of the Uniform Commercial Code that may affect the assignment of security interests

State Usury Laws: State-specific laws regulating maximum interest rates and charges that can be applied to loans

State Assignment Regulations: State-specific rules governing the assignment and transfer of loan obligations and rights

State Contract Laws: General contract law principles as established by state statutes and case law that govern contract formation and enforcement

Novation Principles: Legal doctrine governing the substitution of a new contract for an existing one, with all parties agreeing to the replacement

Securities Act of 1933: Federal law governing the initial offering and sale of securities, which may apply if the loan assignment is considered a security

Securities Exchange Act of 1934: Federal law regulating secondary trading of securities and establishing the SEC, relevant if the loan participation is considered a security

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

Dodd-Frank Act: Comprehensive federal law reforming financial regulation, including provisions affecting loan assignments and consumer protection

Recording Requirements: State and local requirements for recording assignments of certain types of loans, particularly those secured by real property

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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