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Loan Take Over Request Letter Template for Germany

A formal written request under German law (Bürgerliches Gesetzbuch - BGB) to transfer an existing loan obligation from one borrower to another. The document outlines the current loan details, identifies both the existing and proposed borrower, and formally requests the lending institution's approval for the transfer of loan obligations. It must comply with German banking regulations and documentation requirements, including necessary declarations and supporting documentation as required by German financial institutions. The letter serves as the initial formal step in the loan transfer process and must be drafted in accordance with German civil law provisions regarding debt assumption (Schuldübernahme).

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What is a Loan Take Over Request Letter?

The Loan Take Over Request Letter is a crucial document used when one party wishes to assume the loan obligations of another under German law. This document is typically employed in situations such as business acquisitions, property transfers, or family arrangements where loan responsibilities need to be transferred. The letter must conform to German banking regulations and the German Civil Code (BGB), particularly sections regarding debt assumption (Schuldübernahme). It includes detailed information about the existing loan, the current borrower, and the proposed new borrower, along with supporting documentation to demonstrate the proposed borrower's creditworthiness. This document initiates the formal process of loan transfer and requires careful preparation to meet German banking documentation requirements and secure the lender's approval.

What sections should be included in a Loan Take Over Request Letter?

1. Sender Details: Full name, address and contact information of the party requesting the loan take over

2. Recipient Details: Full name and address of the bank/lending institution

3. Date: Current date of the letter

4. Subject Line: Clear indication that this is a loan take over request with reference number

5. Loan Reference: Details of the existing loan including loan number, original amount, and current outstanding balance

6. Current Borrower Details: Information about the current loan holder

7. Proposed Borrower Details: Information about the party proposing to take over the loan

8. Request Statement: Formal request for the loan take over and proposed terms

9. Confirmation of Understanding: Statement acknowledging the responsibilities and obligations being assumed

10. Closing: Professional closing statement with signature block

What sections are optional to include in a Loan Take Over Request Letter?

1. Reason for Transfer: Explanation of circumstances necessitating the loan take over (used when context would be helpful for approval)

2. Financial Status Declaration: Overview of proposed borrower's financial position (used when not provided in separate documentation)

3. Existing Security Details: Information about any existing collateral or security (used when security arrangements need to be transferred or modified)

4. Proposed Changes: Any proposed modifications to existing loan terms (used when changes beyond the borrower switch are requested)

5. Urgency Statement: Indication of any time sensitivity (used when quick processing is required)

What schedules should be included in a Loan Take Over Request Letter?

1. Financial Documentation: Credit reports, bank statements, and income verification of proposed borrower

2. Identification Documents: Copies of government-issued ID for all parties

3. Existing Loan Agreement: Copy of the current loan agreement and recent statements

4. Consent Forms: Signed consent forms from all parties involved in the transfer

5. Property Documentation: If the loan is secured, relevant property or asset documentation

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use

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