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Reverse Mortgage Deed
"I need an Australian Reverse Mortgage Deed for a retired couple's primary residence in New South Wales, with a credit limit of $500,000 and monthly drawdown facility, including provisions for both borrowers having right of occupancy until both pass away or permanently vacate."
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
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
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
Financial Services
Banking
Legal Services
Real Estate
Retirement Services
Wealth Management
Insurance
Consumer Finance
Legal
Compliance
Credit Assessment
Risk Management
Mortgage Operations
Customer Service
Documentation
Settlements
Product Development
Financial Advisory
Quality Assurance
Consumer Protection
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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