Mortgage Assumption Letter Template for Philippines

A Mortgage Assumption Letter is a formal written request used in the Philippines to initiate the process of transferring an existing mortgage from the current borrower to a new borrower. This document, governed by Philippine banking regulations and property laws, particularly the General Banking Law of 2000 and relevant BSP circulars, serves as the official request to the lending institution to approve the transfer of mortgage obligations. It contains detailed information about both parties, the subject property, current loan status, and the proposed new borrower's financial qualifications. The document must comply with local banking requirements and property transfer regulations while adhering to the formal requirements of Philippine contract law.

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What is a Mortgage Assumption Letter?

The Mortgage Assumption Letter is a crucial document used in Philippine real estate transactions when a new borrower wishes to take over an existing mortgage from the current borrower. This document is particularly relevant in situations involving property sales where the buyer prefers to assume the existing mortgage rather than secure new financing. The letter must comply with Philippine banking regulations, including BSP guidelines and the General Banking Law of 2000. It typically includes comprehensive information about the current borrower, proposed new borrower, property details, loan status, and the new borrower's financial qualifications. The document serves as the initial formal request to the lending institution and forms the basis for the bank's evaluation of the proposed assumption. Understanding local property laws, banking regulations, and documentation requirements is essential for preparing an effective Mortgage Assumption Letter that meets all legal and institutional requirements in the Philippines.

What sections should be included in a Mortgage Assumption Letter?

1. Letter Header: Current date, lender's name and address, reference numbers for the existing mortgage

2. Subject Line: Clear indication that this is a Mortgage Assumption Request with relevant property and loan reference details

3. Current Borrower Information: Full details of the existing borrower(s) including name, contact information, and current loan account number

4. Property Details: Complete address and description of the mortgaged property, including title certificate numbers

5. New Borrower Information: Full details of the proposed new borrower(s) including name, contact information, employment status, and income details

6. Assumption Request: Formal request to assume the mortgage with current loan balance and terms

7. Financial Qualification: Overview of the new borrower's financial capacity to assume the mortgage

8. Current Loan Status: Statement regarding the current status of the loan, confirming it is in good standing

9. Closing Statement: Request for further instructions and contact information for follow-up

10. Signatures: Signature blocks for both current and proposed borrowers

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

1. Co-Borrower Details: Include when there are additional parties who will be jointly assuming the mortgage

2. Special Payment Arrangements: Include when requesting any modifications to existing payment terms

3. Property Inspection Status: Include when a recent property inspection has been conducted or is proposed

4. Transfer of Insurance: Include details about transferring or updating property insurance coverage

5. Real Estate Agent Information: Include when a real estate agent is involved in the property transfer

What schedules should be included in a Mortgage Assumption Letter?

1. Financial Documentation: Copies of new borrower's income proof, tax returns, bank statements

2. Credit Report: Copy of new borrower's credit report or credit score

3. Property Documentation: Copy of property title, tax declarations, and recent appraisal if available

4. Purchase Agreement: Copy of the purchase agreement or transfer document between current and new borrower

5. Employment Verification: Proof of employment and income stability for new borrower

6. Insurance Documentation: Proposed property insurance coverage documents

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

GenieAI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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