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Reverse Mortgage Deed for Australia

Reverse Mortgage Deed Template for Australia

A comprehensive legal document governed by Australian law that establishes the terms and conditions of a reverse mortgage arrangement between a financial institution and a property owner, typically a senior homeowner. The deed complies with the National Consumer Credit Protection Act 2009 and related regulations, incorporating mandatory consumer protections including negative equity protection. It details the security arrangement over the property, loan terms, compound interest calculations, borrower obligations, and specific circumstances that trigger repayment. The document includes required statutory warnings and projections, ensuring transparency about the long-term implications of the reverse mortgage.

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What is a Reverse Mortgage Deed?

The Reverse Mortgage Deed is a crucial document used in Australian financial transactions where property owners, typically aged 60 or older, seek to access the equity in their home while continuing to live there. The deed must comply with strict regulatory requirements under the National Consumer Credit Protection Act 2009 and the National Credit Code, including mandatory consumer protections and disclosure requirements. This document is essential when establishing a reverse mortgage facility, detailing the security arrangement, loan terms, compound interest calculations, and repayment triggers. It includes specific provisions protecting elderly borrowers, such as negative equity protection and guaranteed right of occupancy. The deed must be prepared with particular attention to clarity and transparency, given the complex nature of reverse mortgages and the vulnerable demographic they typically serve.

What sections should be included in a Reverse Mortgage Deed?

1. Parties: Identifies the lender and borrower(s), including their full legal names, addresses, and ACN/ABN for corporate entities

2. Background: Explains the context of the reverse mortgage, including confirmation of the borrower's ownership of the property and their desire to obtain a reverse mortgage loan

3. Definitions: Defines key terms used throughout the deed, including specific reverse mortgage concepts like 'Negative Equity Protection' and 'Total Amount Owing'

4. Loan Details: Specifies the initial advance, credit limit, interest rate, and any ongoing advance arrangements

5. Interest and Fees: Details how interest is calculated and compounded, applicable fees, and includes mandatory warnings about compound interest impact

6. Security: Describes the property being mortgaged and the nature of the security being granted

7. Borrower Protections: Outlines mandatory consumer protections including negative equity protection and the borrower's right to remain in the property

8. Repayment Triggers: Specifies events that trigger loan repayment, such as death, sale of property, or permanent vacation of property

9. Borrower Obligations: Lists ongoing obligations including property maintenance, insurance, and rates payments

10. Default and Enforcement: Defines events of default and the lender's enforcement rights

11. Guarantees and Warranties: Contains borrower representations about property ownership and their understanding of the reverse mortgage

12. General Provisions: Includes standard contractual provisions such as notices, governing law, and variation procedures

What sections are optional to include in a Reverse Mortgage Deed?

1. Power of Attorney: Required when the borrower grants power of attorney to the lender for specific purposes

2. Additional Borrower Provisions: Used when there are multiple borrowers to specify survivor rights and obligations

3. Retirement Village Provisions: Required when the security property is in a retirement village

4. Protected Person Provisions: Included when the borrower requires additional protections due to vulnerability

5. Regular Payment Arrangements: Used when the reverse mortgage includes regular payment features rather than just lump sum advances

6. Guarantor Provisions: Required when there are third-party guarantors for the reverse mortgage

What schedules should be included in a Reverse Mortgage Deed?

1. Schedule 1 - Property Details: Detailed description of the security property including title references

2. Schedule 2 - Financial Terms: Detailed breakdown of interest rates, fees, charges, and credit limit calculations

3. Schedule 3 - Mandatory Projections: Required projections showing the impact of compound interest over time

4. Schedule 4 - Initial Advance Details: Breakdown of the initial advance and its application

5. Appendix A - Statutory Warnings: Mandatory warnings required under the National Credit Code

6. Appendix B - Information Statement: Required information statement about reverse mortgages

7. Appendix C - Direct Debit Request: Optional form for setting up direct debits for fees or regular advances

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

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions























































Clauses






























Relevant Industries

Financial Services

Banking

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Real Estate

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Customer Service

Documentation

Settlements

Product Development

Financial Advisory

Quality Assurance

Consumer Protection

Relevant Roles

Credit Manager

Mortgage Specialist

Legal Counsel

Compliance Officer

Financial Advisor

Loan Officer

Risk Manager

Property Valuer

Senior Credit Analyst

Banking Relationship Manager

Retirement Planning Specialist

Consumer Protection Officer

Documentation Specialist

Settlements Officer

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