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An assignment and assumption of lease is a legal real estate document that allows one party to transfer rights and obligations of a lease to another party. Often used in real estate transactions and mortgage lending, the assignment and assumption of lease agreement requires the landlord to consent to move forward.
Assignments are generally freely permitted in most modern mortgage agreements. Once the borrower has received proper notice of the assignment, payments will be made to the new creditor. A mortgage assumption occurs when a buyer agrees to take on the seller's current loan and mortgage obligations.
The written agreement of Purchaser wherein the Purchaser agrees to assume all of the terms and conditions of the Lease and to hold Seller harmless from any liability under the Lease from and after the Closing Date.
When making a request for consent to assign a lease, the Tenant should include all relevant information about the proposed assignee, to enable the Landlord to make a decision. Relevant information is likely to include company details, audited accounts and references.
The assignor assigns their rights and duties under the contract to the assignee and the assignee accepts, or "assumes," those rights and duties. The other party to the initial contract must also consent to the transfer of rights and obligations to the assignee.
An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract.
Lessor may sell or assign its rights and interests or grant a security interest in this Lease and the Equipment for purposes of securing loans to Lessor or otherwise, and may also sell and assign its title and interest as owner of the Equipment and/or as Lessor under this Lease.
An assignment is the transfer of one party's entire interest in and obligations under a lease to another party. The new tenant takes on the lease responsibilities, including rent and property maintenance, and the original tenant is released from most (if not all) of its duties.