Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

DEED OF SALE WITH ASSUMPTION OF MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Sale with Assumption of Mortgage is executed by and between:

MARIA CHRISTINA G. MACALALAD, of legal age, Filipino, married to LEONARDO M.


MACALALAD, and a resident of 10463 Sto. Tomas St. Pinalad Rd Pinagbuhatan, Pasig City,
Philippines, hereunto referred as the “SELLER”;

-and-

JOAN D. UY, of legal age, Filipino, married, and a resident of 080 Sitio De Asis San Martin De
Porres, Parañaque City, Fourth District, Philippines, hereunto referred as the “BUYER”;

WITNESSETH: that

WHEREAS, the SELLER is the absolute and registered owner of a parcel of land


covered by Transfer Certificate of Title No. of the Registry of Deeds of _f_ containing an area
of THIRTY-SIX (36) SQUARE METERS, more or less, located at Naic, Cavite, and more
particularly described as follows:

A parcel of land (Lot __, Block _, of the consolidation-subdivision plan, Pcs-__, being a portion
of _ and _ _, Psd-_______), situated in the Barrio of _Timalan Balsahan_, City of _Naic_,
Island of _Philippines_. Bounded on the NW. along lines 3-4 by Road Lot 21, Block 53, on the
NE. along lines 4-1 by Road Lot 20, Block 53, on the SE. along line 1-2 by Lot 17, Block 53, on
the SW. along line 2-3 by Lot 87, Block 13, all of the consolidation-subdivision plan; containing
an area of THIRTY-SIX (36) SQUARE METERS, more or less. (A copy of TCT __ is herein
attached as Annex “A”)

WHEREAS, the SELLER has offered to sell to the BUYER and the BUYER has agreed
to purchase from the SELLER the above-described parcel of land, and all the rights pertaining
thereto and improvements found and standing thereon which include the residential building
under Tax Declaration No. __________;

NOW, THEREFORE, for and in consideration of the foregoing premises, and subject to
the terms and conditions hereinafter set forth, the parties have agreed as follows:
1.              SALE OF SUBJECT PROPERTY – For and in consideration of the sum of TWO HUNDRED
TWENTY THOUSAND PESOS (P220,000.00) Philippine Currency, of which total receipt is
hereby acknowledged and confessed by the SELLER, SELLER hereby sell, cede, convey and
absolutely transfer to the BUYER, in an irrevocable and absolute manner, the above-described
parcel of land, all of SELLER’s rights and interest thereto, and with all the improvements
standing thereon.

2.              ASSUMPTION OF MORTGAGE – Whereas, the above-described property is presently


mortgaged to PAGIBIG FUND to secure the payment of a loan in the principal sum
of ______________ contracted by the SELLER from the aforenamed mortgagee under the terms
and conditions set forth in instrument of mortgage executed on ______________ and ratified
before _______________, Notary Public in and for _________, as per Doc. No. ________, Page
No. ______, Book No. ______, Series of _______ of his notarial register;

2.1.         The BUYER does hereby accept this sale and binds herself to assume as she hereby assumes
the payment of the unpaid balance of the mortgage in indebtedness of the SELLER amounting to
______________ for the said loan as of this date in favor of the aforenamed mortgagee and does
hereby further agree to be bound by the precise terms and conditions therein contained.

2.2.         The SELLER shall secure the approval of the Mortgagee to the assumption by the BUYER of
the mortgages over the subject parcel of land.

3.              PRESENTATIONS AND WARRANTIES – The SELLER hereby warrants and represents to


the BUYER that:

3.1.         SELLER has clean, valid, absolute and merchantable title to the subject property, and that the
same is not subject to any existing or threatened claims, suits or litigation or to any tenancy, land
transfer or agrarian reform laws;

3.2.         BUYER shall have peaceful possession of the subject property and SELLER shall defend, at
their expense, the title of the subject property against any and all claims interposed by any and all
person or persons whomsoever;

3.3.         The property is free and clear of all liens and encumbrances excepting the mortgagee as may be
subsisting in favor of PRENDA SAVINGS BANK; and

4.              TAXES – Capital Gains Tax shall be for the account of BUYER. Likewise, BUYER shall be
responsible for all other taxes and expenses necessary to transfer title of the property in
BUYER’s name;
IN WITNESS WHEREOF, the parties have hereunto set their hand this ______ day of
___________________, in ______________ City, Philippines. 

SELLER

With my marital consent:

BUYER

Witnessed by: (1) ____________________ and (2) ____________________

ACKNOWLEDGMENT

Republic of the Philippines    )


City of _______________      ) S.S.

BEFORE ME, a Notary Public for and in the city named above, this ____ day of
_________________, personally appeared the following

DATE & PLACE


NAME I.D. NO.
ISSUED

known to me and to me known to be the same persons who executed this Deed of Sale with
Assumption of Mortgage and acknowledged to me that the same is their free and voluntary act
and deed.

The foregoing document relates to a Deed of Sale with Assumption of Mortgage of a


parcel of land, consisting of four (4) pages including the page on which this acknowledgment is
written and has been signed on each page by the parties and their instrumental witnesses, and
sealed with my notarial seal.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above
written.

Doc. No. _____;


Page No. _____;
Book No._____;
Series of _____.

You might also like