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Contract Of Real Estate Mortgage Template for Switzerland

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Key Requirements PROMPT example:

Contract Of Real Estate Mortgage

"I need a Contract Of Real Estate Mortgage for a commercial property in Zurich, Switzerland, where the borrower is a Swiss GmbH and the lender is a major Swiss bank, with a loan value of 5 million CHF and a 15-year term starting March 2025."

Document background
The Contract Of Real Estate Mortgage is a fundamental instrument in Swiss secured lending, governed by the Swiss Civil Code (ZGB) and related federal and cantonal legislation. This document is used when a lender provides financing secured against real estate, requiring formal notarization and registration in the Swiss land register. It serves multiple purposes: establishing the security interest, defining the loan terms, and setting out the parties' rights and obligations. The contract must comply with strict Swiss formal requirements and includes specific provisions regarding property description, mortgage ranking, enforcement procedures, and borrower obligations. It's particularly important in Switzerland's active real estate financing market, where mortgage lending is a key component of both residential and commercial property transactions.
Suggested Sections

1. Parties: Identification of the lender (mortgagee) and borrower (mortgagor), including full legal names, addresses, and registration details if applicable

2. Background: Context of the mortgage agreement, including property details and purpose of the loan

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Property Description: Detailed legal description of the mortgaged property, including land register details and property boundaries

5. Loan Amount and Terms: Principal amount, interest rate, payment schedule, and loan duration

6. Security Interest: Creation and scope of the mortgage security interest, including ranking of the mortgage

7. Borrower's Obligations: Maintenance of property, insurance requirements, payment obligations, and other ongoing duties

8. Events of Default: Circumstances constituting default and consequences thereof

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

10. Representations and Warranties: Statements of fact and guarantees by the borrower regarding property ownership, condition, and authority to enter agreement

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Insurance Requirements: Detailed section on insurance requirements when the lender has specific insurance demands beyond standard requirements

2. Environmental Matters: Section dealing with environmental liabilities when property has potential environmental risks

3. Property Use Restrictions: Specific restrictions on property use when required by lender or local regulations

4. Cross-Collateralization: Used when the mortgage is secured by multiple properties or linked to other credit facilities

5. Prepayment Provisions: Details of early repayment options and penalties when early repayment is permitted

6. Third Party Rights: Section addressing rights of tenants or other third parties when applicable

Suggested Schedules

1. Property Details Schedule: Detailed technical description of property, including plans and boundaries

2. Payment Schedule: Amortization table showing payment dates, amounts, and interest calculations

3. Insurance Schedule: Details of required insurance coverage and terms

4. Land Register Extract: Current extract from the land register showing ownership and encumbrances

5. Property Valuation Report: Professional valuation report of the mortgaged property

6. Building Permits and Certificates: Copies of relevant building permits and certificates where applicable

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

Banking & Financial Services

Real Estate

Legal Services

Insurance

Construction & Development

Property Management

Mortgage Brokerage

Notarial Services

Property Valuation

Relevant Teams

Legal

Real Estate

Credit Risk

Compliance

Mortgage Operations

Property Services

Document Management

Client Relations

Loan Administration

Risk Assessment

Relevant Roles

Mortgage Officer

Real Estate Lawyer

Property Manager

Loan Officer

Compliance Officer

Risk Manager

Legal Counsel

Notary Public

Real Estate Agent

Credit Analyst

Banking Relationship Manager

Property Valuation Specialist

Mortgage Underwriter

Real Estate Portfolio Manager

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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