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Owner Financing Mortgage Contract
"I need an Owner Financing Mortgage Contract for a commercial property in Ontario, with a 15-year term, 7% interest rate, and monthly payments, including specific provisions for property improvements and an early payment option with no penalty after 5 years."
1. Parties: Identifies and provides full legal names and addresses of the Lender (Property Owner/Seller) and Borrower (Buyer)
2. Background: Explains the context of the agreement, including the owner's willingness to provide financing and the buyer's desire to purchase the property
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Property Description: Detailed legal description of the mortgaged property, including address and legal boundaries
5. Loan Amount and Interest: Specifies the principal amount, interest rate, and calculation method
6. Payment Terms: Details of payment schedule, including amount, frequency, and due dates
7. Security Interest: Establishes the property as security for the loan and the lender's rights to the security
8. Insurance and Property Tax Requirements: Specifies required insurance coverage and responsibility for property tax payments
9. Representations and Warranties: Statements of fact by both parties regarding their capacity to enter the agreement
10. Borrower's Covenants: Ongoing obligations of the borrower regarding property maintenance and other responsibilities
11. Default and Remedies: Defines events of default and the lender's available remedies
12. Prepayment Provisions: Terms and conditions for early payment of the mortgage
13. Notice Requirements: How and where formal notices must be delivered between parties
14. Governing Law: Specifies that Canadian law and specific provincial laws govern the agreement
15. Execution: Signature blocks and witnessing requirements
1. Balloon Payment: Include when the payment structure includes a large final payment; details the terms and conditions of the balloon payment
2. Property Management: Include when specific property management requirements are imposed on the borrower
3. Due on Sale Clause: Include to prevent the property from being sold without paying off the mortgage
4. Construction Requirements: Include when the property requires specific renovations or construction as part of the agreement
5. Environmental Warranties: Include for commercial properties or when environmental concerns exist
6. Second Mortgage Provisions: Include when this mortgage is subordinate to another mortgage
7. Cross-Collateralization: Include when multiple properties are used as security
8. Rent Assignment: Include when rental income from the property is assigned to the lender as additional security
1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, boundaries, and surveys
2. Schedule B - Payment Schedule: Amortization schedule showing all payments, interest, and principal amounts
3. Schedule C - Insurance Requirements: Detailed specifications of required insurance coverage
4. Schedule D - Property Condition Report: Documentation of the property's condition at the time of the agreement
5. Appendix 1 - Property Tax Records: Current property tax assessment and payment status
6. Appendix 2 - Title Search Results: Results of property title search showing any liens or encumbrances
7. Appendix 3 - Property Appraisal: Professional appraisal establishing the property's value
Authors
Residential Real Estate
Commercial Real Estate
Legal Services
Financial Services
Property Development
Property Management
Insurance
Banking Alternatives
Private Lending
Real Estate Investment
Legal
Real Estate Operations
Risk and Compliance
Property Management
Finance
Investment
Document Management
Transaction Processing
Client Relations
Asset Management
Real Estate Lawyer
Property Developer
Real Estate Agent
Mortgage Broker
Legal Counsel
Property Manager
Real Estate Investor
Title Examiner
Compliance Officer
Risk Manager
Real Estate Portfolio Manager
Private Lender
Property Investment Advisor
Real Estate Transaction Coordinator
Legal Document Specialist
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