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The Private Mortgage Loan Agreement is a fundamental legal document used in Belgian real estate financing transactions, essential for both private lenders and borrowers seeking to secure a loan against real property. This document type is specifically designed to comply with Belgian federal law, including the Belgian Civil Code, Mortgage Credit Act, and relevant EU directives. It contains all necessary elements required by Belgian law for a valid mortgage loan, including detailed loan terms, security provisions, borrower obligations, and consumer protection measures. The agreement is typically used when an individual seeks to purchase residential property or refinance an existing mortgage, requiring notarization and registration with appropriate Belgian authorities. The document incorporates mandatory cooling-off periods, information disclosure requirements, and specific consumer protection provisions required under Belgian law.

1. Parties: Identification of the Lender and Borrower with full legal names, addresses, and identification numbers as required by Belgian law

2. Background: Context of the loan agreement, including purpose of the loan and description of the property to be mortgaged

3. Definitions: Definitions of key terms used throughout the agreement, ensuring clarity and legal certainty

4. Loan Amount and Purpose: Specification of the principal amount, currency, and permitted use of the loan proceeds

5. Interest Rate and Calculations: Details of the applicable interest rate (fixed or variable), calculation method, and adjustment mechanisms

6. Term and Repayment: Duration of the loan, repayment schedule, and payment mechanisms

7. Security and Mortgage: Details of the mortgage security, including property description and registration requirements

8. Borrower's Representations and Warranties: Statements and guarantees made by the borrower regarding their status, capacity, and the mortgaged property

9. Borrower's Covenants: Ongoing obligations of the borrower, including property maintenance and insurance requirements

10. Events of Default: Circumstances constituting default and their consequences

11. Enforcement and Remedies: Lender's rights and remedies in case of default, including foreclosure procedures

12. Costs and Taxes: Allocation of costs, fees, and taxes related to the loan and mortgage

13. Notices: Communication requirements and contact details for formal notices

14. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction of Belgian courts