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Owner Financing Mortgage Contract Template for Canada

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Key Requirements PROMPT example:

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."

Document background
The Owner Financing Mortgage Contract is utilized in situations where traditional bank financing is either not preferred or not available, allowing property sellers to act as direct lenders to buyers in Canadian real estate transactions. This arrangement requires careful documentation to protect all parties' interests while ensuring compliance with Canadian federal regulations such as the Interest Act and provincial property laws. The document outlines crucial elements including property details, loan terms, security arrangements, payment schedules, default provisions, and remedies. It's particularly relevant in markets where alternative financing options are sought, or when sellers wish to generate ongoing income through interest payments. The contract must be structured to comply with both federal and provincial requirements, including interest rate restrictions, property transfer regulations, and mortgage registration requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Residential Real Estate

Commercial Real Estate

Legal Services

Financial Services

Property Development

Property Management

Insurance

Banking Alternatives

Private Lending

Real Estate Investment

Relevant Teams

Legal

Real Estate Operations

Risk and Compliance

Property Management

Finance

Investment

Document Management

Transaction Processing

Client Relations

Asset Management

Relevant Roles

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

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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