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Deed Of Assignment Mortgage for the Netherlands

Deed Of Assignment Mortgage Template for Netherlands

A Dutch Deed of Assignment Mortgage is a formal notarial deed governed by Dutch law that facilitates the transfer of mortgage rights from one party (the assignor) to another (the assignee). This document must comply with the requirements of the Dutch Civil Code and must be executed before a civil law notary. It contains detailed provisions regarding the transfer of the mortgage, including the original mortgage details, property information, and registration requirements. The deed ensures the legal transfer of all associated rights and obligations, and must be registered in the Dutch public registers (Kadaster) to be effective against third parties.

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Deed Of Assignment Mortgage

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What is a Deed Of Assignment Mortgage?

The Deed of Assignment Mortgage is a crucial document in Dutch banking and finance practice, used when transferring mortgage rights between financial institutions or in structured finance transactions. This document is commonly utilized in portfolio transfers, securitizations, or bank restructuring operations. It must comply with strict requirements under Dutch law, including execution before a civil law notary and registration in the public registers. The deed contains essential information about the original mortgage, the property, the parties involved, and the terms of the assignment. It ensures proper transfer of security rights and maintains the enforceability of the mortgage following assignment. The document is particularly relevant in the Netherlands' active mortgage market, where mortgage transfers between institutions are common practices requiring careful documentation and compliance with regulatory requirements.

What sections should be included in a Deed Of Assignment Mortgage?

1. Parties: Identification of the Assignor (current mortgage holder), Assignee (new mortgage holder), and where applicable, the Mortgagor (borrower)

2. Background: Context of the original mortgage, reason for assignment, and reference to the underlying loan agreement

3. Definitions: Definitions of key terms used in the deed, including 'Mortgage', 'Mortgage Deed', 'Property', 'Assignment Date'

4. Details of Original Mortgage: Specification of the existing mortgage details, including registration information, property details, and original mortgage amount

5. Assignment: Core provisions detailing the transfer of rights from Assignor to Assignee

6. Consideration: Details of any payment or consideration for the assignment

7. Representations and Warranties: Statements by the Assignor regarding their authority to assign and the status of the mortgage

8. Registration and Notification: Provisions regarding registration of the assignment in public registers and notification to the borrower

9. Costs: Allocation of costs related to the assignment and registration

10. Governing Law: Confirmation of Dutch law as governing law and jurisdiction

What sections are optional to include in a Deed Of Assignment Mortgage?

1. Consent of Mortgagor: Required if the original mortgage deed or loan agreement requires borrower consent for assignment

2. Related Security Rights: Include when additional security rights are being transferred along with the mortgage

3. Power of Attorney: Include when any party is acting through an attorney

4. Tax Provisions: Specific tax-related provisions if the assignment has particular tax implications

5. Portfolio Assignment Provisions: Required when the assignment is part of a larger portfolio transfer

6. Data Protection: Specific provisions regarding transfer of personal data, required when personal data is involved

7. Insurance Assignment: Include when related insurance policies are being assigned along with the mortgage

What schedules should be included in a Deed Of Assignment Mortgage?

1. Schedule 1 - Property Details: Detailed description of the mortgaged property, including cadastral details

2. Schedule 2 - Original Mortgage Deed: Copy or extract of the original mortgage deed

3. Schedule 3 - Existing Loan Agreement: Details of the underlying loan agreement

4. Schedule 4 - Registration Details: Public registry details and registration numbers

5. Schedule 5 - Powers of Attorney: Copies of relevant powers of attorney (if applicable)

6. Schedule 6 - Outstanding Amount Statement: Statement showing the current outstanding amount under the mortgage

7. Appendix A - Required Notices: Forms of notices to be sent to relevant parties

8. Appendix B - Registration Forms: Forms required for registration of the assignment in public registers

Authors

Alex Denne

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

Jurisdiction

Netherlands

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Banking & Finance

Real Estate

Financial Services

Mortgage Lending

Property Development

Investment Management

Legal Services

Insurance

Relevant Teams

Legal

Mortgage Operations

Real Estate

Compliance

Risk Management

Transaction Management

Portfolio Administration

Credit Administration

Securities Administration

Due Diligence

Finance

Corporate Affairs

Relevant Roles

Legal Counsel

Mortgage Officer

Portfolio Manager

Real Estate Manager

Compliance Officer

Risk Manager

Transaction Manager

Credit Manager

Corporate Lawyer

Notary

Financial Director

Portfolio Administrator

Mortgage Underwriter

Securities Manager

Due Diligence Officer

Industries








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