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.
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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
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
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
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