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Mortgage Purchase Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Mortgage Purchase Agreement

"I need a Mortgage Purchase Agreement for ABC Bank's acquisition of a portfolio of 50 residential mortgages from XYZ Financial Institution in Dubai, with completion scheduled for March 2025, with a total value of AED 100 million."

Document background
The Mortgage Purchase Agreement is commonly used in the UAE when one financial institution seeks to acquire mortgage rights from another, often as part of portfolio sales or strategic restructuring. This document is essential for compliance with UAE Federal Law No. 14 of 2008 and relevant emirate-specific property laws, ensuring proper transfer of mortgage rights while protecting all parties' interests. The agreement typically includes detailed provisions about the mortgage being purchased, property specifications, payment terms, and regulatory compliance requirements. It's particularly important in the UAE market where both conventional and Islamic financing options exist, and where specific registration requirements with relevant land departments must be met. The document needs to address local regulatory requirements, including those of the UAE Central Bank and respective emirate-level property registration authorities.
Suggested Sections

1. Parties: Identification of all parties including the purchaser, seller, and any relevant financial institutions

2. Background: Context of the transaction, including brief description of the property and existing mortgage arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale and Purchase: Core terms of the mortgage purchase, including purchase price and payment terms

5. Conditions Precedent: Conditions that must be satisfied before completion

6. Completion: Details of the completion process, timing, and requirements

7. Representations and Warranties: Statements of fact and assurances from both parties

8. Seller's Obligations: Specific obligations of the seller including document delivery and cooperation requirements

9. Purchaser's Obligations: Specific obligations of the purchaser including payment and assumption of mortgage responsibilities

10. Property Details: Comprehensive description of the mortgaged property

11. Mortgage Terms: Details of the mortgage being purchased including principal amount, interest rate, and payment terms

12. Transfer Process: Process for transferring the mortgage and associated rights

13. Registration Requirements: Requirements for registering the transfer with relevant authorities

14. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction details

15. Notices: Process and requirements for formal communications between parties

16. General Provisions: Standard boilerplate provisions including severability, entire agreement, and amendments

Optional Sections

1. Sharia Compliance: Required when the mortgage needs to comply with Islamic finance principles

2. Third Party Consents: Required when specific third-party approvals are needed for the transfer

3. Tax Provisions: Required when specific tax implications need to be addressed

4. Insurance Requirements: Required when specific insurance arrangements need to be transferred or maintained

5. Property Management: Required when the property is subject to specific management arrangements

6. Default and Remedies: Optional detailed section on default scenarios and available remedies

7. Force Majeure: Optional provisions for unforeseen circumstances affecting performance

8. Confidentiality: Required when specific confidentiality obligations need to be imposed

Suggested Schedules

1. Property Description Schedule: Detailed description of the property including title details and location

2. Existing Mortgage Details: Complete details of the existing mortgage arrangement being purchased

3. Financial Schedule: Breakdown of the purchase price, payment terms, and any adjustments

4. Required Consents: List of required regulatory and third-party consents

5. Form of Transfer Documents: Templates of all required transfer documentation

6. Due Diligence Reports: Summary of property and mortgage due diligence findings

7. Completion Checklist: List of all documents and actions required for completion

8. Property Title Documents: Copies of relevant title documents and certificates

Authors

Alex Denne

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

Relevant legal definitions


































Clauses
































Relevant Industries

Banking

Financial Services

Real Estate

Property Development

Investment Management

Islamic Finance

Legal Services

Insurance

Relevant Teams

Legal

Real Estate Finance

Compliance

Risk Management

Property Finance

Banking Operations

Investment

Islamic Banking

Portfolio Management

Real Estate

Transaction Management

Financial Control

Relevant Roles

Legal Counsel

Mortgage Manager

Real Estate Finance Manager

Compliance Officer

Risk Manager

Property Finance Director

Banking Operations Manager

Investment Manager

Islamic Finance Specialist

Portfolio Manager

Real Estate Director

Chief Legal Officer

Financial Controller

Transaction Manager

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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