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2022年9月02日
If you are looking for a way to settle your debt and regain your financial stability, an assume balance agreement may be the solution you need. An assume balance agreement is a legal contract that allows a third party to assume your outstanding balance on a loan or contract. This agreement comes in handy when you need to transfer a vehicle, real estate property, or any other asset with an outstanding balance.
In the Philippines, assume balance agreements are becoming increasingly popular, especially in the real estate industry. Homebuyers who are unable to continue paying their mortgage opt for this agreement to avoid foreclosure and the loss of their investment.
To give you an idea of what a typical assume balance agreement looks like, let`s examine a sample agreement:
ASSUME BALANCE AGREEMENT
This Agreement made and entered into by and between [Seller], with mailing address at [Address], and [Assuming Party], with mailing address at [Address], is deemed executed and effective upon the signing of both parties.
WHEREAS, [Seller] has executed a loan agreement with [Lender] on [Date] for the purpose of purchasing the Property located at [Address].
WHEREAS, [Seller] has defaulted on the loan agreement, and [Lender] has initiated foreclosure proceedings against the Property.
WHEREAS, [Assuming Party] desires to assume the outstanding balance of the loan agreement and acquire the Property in the amount of [Amount].
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties agree as follows:
1. [Seller] agrees to transfer to [Assuming Party] all the rights, title, and interest in the Property subject to the outstanding balance of the loan agreement with [Lender].
2. [Assuming Party] agrees to assume and pay the outstanding balance of the loan agreement with [Lender] in the amount of [Amount].
3. [Assuming Party] also agrees to indemnify and hold [Seller] harmless from any and all claims, damages, and liabilities arising from the transaction.
4. [Assuming Party] agrees to assume all responsibilities and obligations under the loan agreement with [Lender] from the date of the transfer and agrees to comply with the terms and conditions stated in the loan agreement.
5. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
[Signature of Seller] [Signature of Assuming Party]
[Name of Seller] [Name of Assuming Party]
As you can see, assume balance agreements require careful consideration and legal expertise. It is important to seek professional advice before entering into this type of agreement to avoid any legal problems in the future.
In conclusion, assume balance agreements provide a viable solution for individuals who are struggling with debt, especially those who are facing foreclosure or repossession of their assets. By transferring the outstanding balance to a third party, they can avoid the consequences of default and start rebuilding their financial stability.
2022年9月2日