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Deed Of Assignment Transfer Of Ownership
"I need a Deed of Assignment Transfer of Ownership for transferring my residential property in Manila to my daughter, with the transfer to take effect on March 1, 2025; the property is currently mortgaged with BPI Bank, and I want to include provisions for handling the outstanding mortgage."
1. Parties: Identification and details of the Assignor (current owner) and Assignee (new owner), including their complete names, addresses, and civil status as required under Philippine law
2. Background: Recitals explaining the current ownership status, the intention to transfer, and any relevant history of the property or rights being transferred
3. Definitions: Key terms used throughout the deed, including 'Property', 'Effective Date', 'Assignment', and other relevant definitions
4. Subject Matter of Assignment: Detailed description of the property or rights being transferred, including all relevant identifying information
5. Consideration: Details of the payment or consideration for the transfer, including amount, payment terms, and acknowledgment of receipt
6. Assignment and Transfer: The operative part of the deed that actually effects the transfer, using clear and unambiguous language
7. Assignor's Warranties: Warranties regarding ownership, right to transfer, absence of encumbrances, and other standard warranties
8. Completion Requirements: Actions to be taken to complete the transfer, including registration requirements and document delivery
9. Tax Provisions: Provisions regarding payment of transfer taxes, capital gains tax, and other applicable taxes
10. Governing Law: Specification that the deed is governed by Philippine law
11. Execution: Formal execution block including space for signatures, witnesses, and notary public attestation
1. Conditions Precedent: Used when the transfer is subject to certain conditions being met before becoming effective
2. Further Assurance: Include when additional actions may be needed from the Assignor after completion
3. Power of Attorney: Include when the Assignor grants power to the Assignee to handle post-completion matters
4. Succession: Include when the rights and obligations need to be explicitly bound to heirs and successors
5. Severability: Include to ensure remainder of deed remains valid if any provision is found invalid
6. Existing Encumbrances: Include if there are any existing liens, mortgages, or other encumbrances that need to be disclosed
1. Property Description Schedule: Detailed technical description of the property, including boundaries, title details, and tax declaration numbers
2. Title Documents: List and copies of all relevant title documents and certificates
3. Tax Clearances: Copies of tax clearances and receipts showing payment of required taxes
4. Prior Contracts: Copies of any relevant prior contracts or agreements affecting the property
5. Powers of Attorney: If applicable, copies of powers of attorney authorizing signatories to execute the deed
6. Transfer Requirements Checklist: List of documents and actions required to complete the transfer registration
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