Purchase and Assumption Agreement

State:
Multi-State
Control #:
US-RE-A-10102-1
Format:
Word; 
Rich Text
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Description

Purchase and assumption is a transaction in which a healthy bank or thrift purchases assets and assumes liabilities (including all insured deposits) from an unhealthy bank or thrift. It is the most common and preferred method used by the Federal Deposit Insurance Corporation (FDIC) to deal with failing banks. The agreement may be customized to suit your needs.
A Purchase and Assumption Agreement is a legal contract between two parties that involves the purchase of certain assets from one party, and the assumption of certain liabilities by the other party. This type of agreement is generally used when one party wants to acquire certain assets and liabilities of another party, without the need to create a new legal entity. There are two main types of Purchase and Assumption Agreements: the Bank Purchase and Assumption Agreement and the Chapter 11 Purchase and Assumption Agreement. The Bank Purchase and Assumption Agreement is used when a bank is taking over the assets and liabilities of another bank. It is a common agreement used in mergers and acquisitions. The Chapter 11 Purchase and Assumption Agreement is used when a company is going through a reorganization process, and one party is purchasing the assets and liabilities of the company. This type of agreement is often used in bankruptcy proceedings. In both types of Purchase and Assumption Agreements, the purchaser must agree to assume all the liabilities of the seller, including any outstanding debts, taxes, and legal liabilities. The agreement also outlines the purchase price, the nature of the assets to be transferred, and any contingencies that must be met before the agreement is finalized.

A Purchase and Assumption Agreement is a legal contract between two parties that involves the purchase of certain assets from one party, and the assumption of certain liabilities by the other party. This type of agreement is generally used when one party wants to acquire certain assets and liabilities of another party, without the need to create a new legal entity. There are two main types of Purchase and Assumption Agreements: the Bank Purchase and Assumption Agreement and the Chapter 11 Purchase and Assumption Agreement. The Bank Purchase and Assumption Agreement is used when a bank is taking over the assets and liabilities of another bank. It is a common agreement used in mergers and acquisitions. The Chapter 11 Purchase and Assumption Agreement is used when a company is going through a reorganization process, and one party is purchasing the assets and liabilities of the company. This type of agreement is often used in bankruptcy proceedings. In both types of Purchase and Assumption Agreements, the purchaser must agree to assume all the liabilities of the seller, including any outstanding debts, taxes, and legal liabilities. The agreement also outlines the purchase price, the nature of the assets to be transferred, and any contingencies that must be met before the agreement is finalized.

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FAQ

Under the payoff method, the FDIC must payout $250,000 but may pay out more, up to the original $350,00 value of the deposit, depending on the amount of proceeds received when the bank is liquidated. Under the purchase and assumption method, the bank is completely absorbed, and all accounts are paid their full value.

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.

A loan assumption agreement is an agreement between a lender, original borrower, and a new borrower, where the new borrower agrees to assume responsibility for the debt owed by original borrower. These agreements are commonly seen in mortgages and real estate.

Purchase and assumption is a transaction in which a healthy bank or thrift purchases assets and assumes liabilities (including all insured deposits) from an unhealthy bank or thrift. It is the most common and preferred method used by the Federal Deposit Insurance Corporation (FDIC) to deal with failing banks.

Purchase and Assumption Transaction. This is the preferred and most common method, under which a healthy bank assumes the insured deposits of the failed bank. Insured depositors of the failed bank immediately become depositors of the assuming bank and have access to their insured funds.

Keep in mind that the average loan assumption takes anywhere from 45-90 days to complete. The more issues there are with underwriting, the longer you'll have to wait to finalize your agreement.

An assumption clause is a provision in a mortgage contract that allows the seller of a home to pass responsibility for the existing mortgage to the buyer of the property. In other words, the new homeowner assumes the existing mortgage and?along with it?ownership of the property that secures the loan.

More info

A purchase and assumption is a transaction in which a healthy bank or thrift purchases assets and assumes liabilities from an unhealthy bank or thrift. An executed purchase and assumption agreement. •.Documentation that all other conditions that the OCC imposed have been met. In in form and substance mutually satisfactory to the Parties (the "Assignment and Assumption. Agreement"). 2. Assignment Agreement. AGREEMENT. NOW, THEREFORE, pursuant to the terms and conditions of the Asset Purchase Agreement, in. This Standard Document has integrated notes with explanatory and drafting tips. Get full access to this document with Practical Law. This Standard Document has integrated notes with explanatory and drafting tips. Get full access to this document with Practical Law.

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Purchase and Assumption Agreement