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Mortgage Assumption Agreement Template for Singapore

A legal agreement governed by Singapore law that facilitates the transfer of mortgage obligations from an original borrower to a new borrower, while maintaining the original mortgage terms with the lender. The agreement ensures compliance with Singapore's property laws, banking regulations, and where applicable, HDB rules and CPF requirements. It documents the release of the original borrower and the assumption of responsibilities by the new borrower.

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What is a Mortgage Assumption Agreement?

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.

What sections should be included in a Mortgage Assumption Agreement?

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

What sections are optional to include in a Mortgage Assumption Agreement?

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

What schedules should be included in a Mortgage Assumption Agreement?

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) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Singapore

Publisher

Genie AI

Document Type

Mortgage Agreement

Cost

Free to use

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