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Mortgage Loan Assumption Agreement Template for Singapore

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Key Requirements PROMPT example:

Mortgage Loan Assumption Agreement

"Need a Mortgage Loan Assumption Agreement for my client who is taking over a $2.5M residential property loan from their parent in Singapore, with the transfer to be completed by March 2025. The original loan is with DBS Bank and we need to ensure CPF usage is properly addressed."

Document background
The Mortgage Loan Assumption Agreement is utilized when an existing borrower wishes to transfer their mortgage obligations to another party in Singapore. This document is particularly relevant in situations involving property sales where the buyer wishes to assume the existing mortgage, family transfers, or business restructuring. The agreement must comply with Singapore's strict banking and property laws, including MAS guidelines on total debt servicing ratios and loan-to-value limits. It provides comprehensive details about the original loan, the property, payment terms, and the responsibilities being transferred. The document ensures all parties understand their rights and obligations under Singapore law, and typically requires approval from the lending institution.
Suggested Sections

1. Parties: Details of original borrower, assuming borrower, and lender

2. Background: Information about original loan, property, and reason for assumption

3. Definitions: Key terms used throughout the agreement

4. Assumption of Obligations: Terms of assumption and transfer of mortgage obligations

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

6. Payment Terms: Details of payment schedule, interest rates, and fees

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

8. Default Provisions: Consequences of default and remedies

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

Optional Sections

1. CPF Usage: Required if 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: Full legal description of mortgaged property

2. Schedule 2 - Original Loan Details: Terms of original mortgage loan being assumed

3. Schedule 3 - Payment Schedule: Detailed payment terms and amortization schedule

4. Appendix A - Required Documents: List of documents required for assumption process

5. Appendix B - Consent Forms: Required consent forms from relevant authorities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































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Industries

Banking Act (Cap. 19): Primary legislation that regulates banking institutions and lending practices, containing key provisions on credit facilities and securities.

Conveyancing and Law of Property Act (Cap. 61): Core legislation governing property transactions and mortgages, including provisions on mortgage rights and obligations.

Housing and Development Act (Cap. 129): Legislation specific to HDB properties, containing special rules and requirements for public housing financing.

Moneylenders Act (Cap. 188): Legislation governing loans from licensed moneylenders, including regulations on interest rates and loan terms.

MAS Guidelines: Regulatory framework including Total Debt Servicing Ratio (TDSR), Loan-to-Value (LTV) limits, and Mortgage Servicing Ratio (MSR) requirements.

CPF Rules: Regulations governing the use of Central Provident Fund monies in property financing and mortgage payments.

Residential Property Act: Legislation governing residential property ownership, particularly relevant for restrictions on foreign ownership.

Personal Data Protection Act 2012: Legislation governing the handling and protection of personal data of parties involved in the mortgage assumption agreement.

AML/CFT Requirements: Anti-Money Laundering and Countering the Financing of Terrorism requirements, including due diligence obligations and reporting requirements.

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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