The Deed of Sale with Assumption of Mortgage is a specialized legal document used in the Netherlands when a property is sold with the buyer taking over the seller's existing mortgage rather than obtaining new financing. This arrangement can be advantageous when the existing mortgage has favorable terms or when there are prepayment penalties on the current mortgage. The document must comply with Dutch civil law requirements and be executed as a notarial deed. It includes comprehensive details about the property, purchase terms, existing mortgage conditions, and the rights and obligations of all parties involved. This type of deed is particularly relevant in the current market where interest rates may be higher than those on existing mortgages, making mortgage assumption an attractive option for buyers.
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1. Parties: Identification of the seller, buyer, and current mortgage holder, including full legal names, addresses, and marital status as required by Dutch law
2. Background: Context of the transaction, including current ownership status and existing mortgage details
3. Definitions: Key terms used throughout the deed, including Property, Existing Mortgage, Transfer Date, and other relevant terms
4. Property Details: Complete legal description of the property, including cadastral details, address, and registered encumbrances
5. Purchase Price: Specified purchase amount, payment terms, and details of deposit if applicable
6. Mortgage Assumption: Terms and conditions of the mortgage assumption, including outstanding amount, interest rate, and payment schedule
7. Transfer of Ownership: Conditions and process for legal transfer of the property
8. Seller's Warranties: Warranties regarding property ownership, absence of undisclosed encumbrances, and property condition
9. Buyer's Acknowledgments: Confirmation of property inspection, acceptance of condition, and understanding of assumed mortgage terms
10. Costs and Taxes: Allocation of transfer costs, taxes, and notary fees
11. Completion: Requirements and process for completion of the transfer
12. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Environmental Provisions: Required when the property has known environmental issues or requires specific disclosures
2. Rental Situation: Included when the property is currently rented or has existing tenancy agreements
3. Building Inspection Results: When a recent building inspection has been conducted and findings need to be documented
4. Energy Performance: Details of energy performance certificate when required for the property type
5. Monument Status: Required for properties with protected monument status or located in protected city/village views
6. Ground Lease: Included when the property is subject to ground lease (erfpacht)
7. Parking Arrangements: When separate parking rights or permits are involved
8. VvE Details: Required for apartments, including owners' association (VvE) details and obligations
1. Property Description Schedule: Detailed description of the property including floor plans, boundaries, and included fixtures and fittings
2. Existing Mortgage Details: Complete details of the mortgage being assumed, including payment history and terms
3. Title Search Results: Results of the cadastral search showing ownership history and registered encumbrances
4. List of Included Items: Inventory of movable items included in the sale
5. Property Photographs: Documentary photographs of the property's current condition
6. Cadastral Maps: Official maps showing the property boundaries and location
7. Environmental Reports: Any relevant environmental surveys or reports
8. Building Permits: Copies of relevant building permits and modifications
Relevant legal definitions
Property
Transfer Date
Completion Date
Purchase Price
Deposit
Existing Mortgage
Mortgage Holder
Assumption Date
Deed
Notary
Transfer Deed
Cadastral Registration
Encumbrances
Title Deed
Due Diligence Period
Completion Statement
Transfer Tax
Permitted Use
Business Day
Material Adverse Change
Mortgage Terms
Outstanding Balance
Interest Rate
Payment Schedule
Security Rights
Property Register
Environmental Law
Occupied State
Associated Rights
Movable Items
Ground Lease
VvE (Owners Association)
Service Charges
Building Inspection
Energy Performance Certificate
Notarial Account
Force Majeure
Warranties
Registration Requirements
Cooling-off Period
Transfer Date
Completion Date
Purchase Price
Deposit
Existing Mortgage
Mortgage Holder
Assumption Date
Deed
Notary
Transfer Deed
Cadastral Registration
Encumbrances
Title Deed
Due Diligence Period
Completion Statement
Transfer Tax
Permitted Use
Business Day
Material Adverse Change
Mortgage Terms
Outstanding Balance
Interest Rate
Payment Schedule
Security Rights
Property Register
Environmental Law
Occupied State
Associated Rights
Movable Items
Ground Lease
VvE (Owners Association)
Service Charges
Building Inspection
Energy Performance Certificate
Notarial Account
Force Majeure
Warranties
Registration Requirements
Cooling-off Period
Clauses
Property Description
Purchase Price
Mortgage Assumption
Transfer of Title
Payment Terms
Seller's Warranties
Buyer's Warranties
Property Condition
Environmental Compliance
Insurance
Risk Transfer
Registration Requirements
Costs and Taxes
Default and Remedies
Force Majeure
Notices
Assignment
Governing Law
Dispute Resolution
Completion Requirements
Due Diligence
Property Access
Inspection Rights
Title Guarantee
Encumbrances
Mortgage Terms
Security Provisions
Interest Rate
Payment Schedule
Property Use
Severability
Entire Agreement
Amendment
Succession
Representations
Indemnification
Compliance with Law
Municipal Requirements
Cadastral Registration
Notarial Requirements
Purchase Price
Mortgage Assumption
Transfer of Title
Payment Terms
Seller's Warranties
Buyer's Warranties
Property Condition
Environmental Compliance
Insurance
Risk Transfer
Registration Requirements
Costs and Taxes
Default and Remedies
Force Majeure
Notices
Assignment
Governing Law
Dispute Resolution
Completion Requirements
Due Diligence
Property Access
Inspection Rights
Title Guarantee
Encumbrances
Mortgage Terms
Security Provisions
Interest Rate
Payment Schedule
Property Use
Severability
Entire Agreement
Amendment
Succession
Representations
Indemnification
Compliance with Law
Municipal Requirements
Cadastral Registration
Notarial Requirements
Relevant Industries
Real Estate
Banking and Financial Services
Legal Services
Property Development
Construction
Insurance
Property Management
Mortgage Services
Public Administration
Relevant Teams
Legal
Real Estate
Mortgage Services
Compliance
Risk Management
Property Management
Financial Services
Document Management
Customer Relations
Transaction Processing
Relevant Roles
Real Estate Lawyer
Notary
Property Manager
Mortgage Advisor
Real Estate Agent
Property Developer
Legal Counsel
Compliance Officer
Financial Advisor
Bank Manager
Property Surveyor
Title Researcher
Real Estate Transaction Coordinator
Risk Manager
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