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Mortgage Affidavit for United Arab Emirates

Mortgage Affidavit Template for United Arab Emirates

A Mortgage Affidavit is a legally binding sworn statement used in the United Arab Emirates that formally declares details about a property mortgage arrangement. The document, which must comply with UAE federal laws and emirate-specific regulations, contains verified information about the property, the mortgage terms, and the parties involved. It serves as an official record for property registration authorities and financial institutions, incorporating necessary declarations about property ownership, existing liens, and mortgage obligations. The document must be executed before a UAE-authorized notary public and may require additional attestation depending on specific emirate requirements.

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What is a Mortgage Affidavit?

A Mortgage Affidavit is commonly required in the United Arab Emirates during property transactions involving mortgage financing or refinancing. This document is essential when registering a mortgage with the relevant land department, transferring property ownership, or declaring the current status of a mortgage. The affidavit must comply with UAE federal laws, including UAE Federal Law No. 5 of 1985 (Civil Code) and specific emirate regulations such as Dubai Law No. 14 of 2008 for mortgage regulations. The document includes crucial information about the property, mortgage terms, ownership status, and any existing encumbrances. It serves as a formal declaration under oath, providing legal assurance to all parties involved in the mortgage arrangement and property registration process. The Mortgage Affidavit may also be required during legal proceedings related to property disputes or mortgage enforcement.

What sections should be included in a Mortgage Affidavit?

1. Affiant Information: Full legal name, Emirates ID number, passport details, and current address of the person making the affidavit

2. Property Details: Complete description of the mortgaged property including address, plot number, registration details, and title deed information

3. Mortgage Information: Details of the mortgage including lender name, principal amount, interest rate/profit rate, and term of the mortgage

4. Title Declaration: Declaration of legal ownership or right to mortgage the property

5. Outstanding Obligations: Statement regarding any existing liens, encumbrances, or other mortgages on the property

6. Payment Status: Declaration regarding the current status of mortgage payments and any defaults

7. Property Usage: Statement about current and intended use of the property (residential, commercial, etc.)

8. Verification Statement: Standard affidavit verification statement confirming the truth of the declarations

What sections are optional to include in a Mortgage Affidavit?

1. Islamic Finance Compliance: Required when the mortgage follows Islamic finance principles, declaring compliance with Sharia requirements

2. Co-owner Declaration: Required when the property has multiple owners, including consent statements from all parties

3. Power of Attorney: Required when the affidavit is being executed through a power of attorney

4. Foreign Ownership Declaration: Required for non-UAE nationals, confirming eligibility to own property in the specific area

5. Development Status: Required for off-plan properties, declaring the current status of construction and expected completion

6. Previous Transactions: Optional section detailing any previous sales or transfers of the property

What schedules should be included in a Mortgage Affidavit?

1. Schedule A - Property Documents: Copies of title deed, property registration certificate, and location maps

2. Schedule B - Mortgage Documents: Copies of mortgage offer, agreement, and payment schedule

3. Schedule C - Identity Documents: Copies of Emirates ID, passport, and visa (if applicable)

4. Schedule D - Supporting Documents: Any additional documentation referenced in the affidavit such as POA or previous agreements

5. Appendix 1 - Property Photos: Recent photographs of the property (if required)

6. Appendix 2 - Payment Records: Documentation of mortgage payments and outstanding balance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions








































Clauses




















Relevant Industries

Banking & Financial Services

Real Estate

Legal Services

Islamic Finance

Property Development

Construction

Professional Services

Public Sector

Mortgage & Lending

Relevant Teams

Legal

Mortgage Operations

Real Estate

Compliance

Risk Management

Property Registration

Documentation

Islamic Banking

Customer Service

Operations

Relevant Roles

Legal Counsel

Mortgage Officer

Property Registration Manager

Real Estate Attorney

Compliance Officer

Islamic Finance Advisor

Property Manager

Bank Manager

Notary Public

Real Estate Officer

Title Officer

Risk Manager

Legal Documentation Specialist

Property Registration Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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