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Home Loan Promissory Note Template for Switzerland

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Key Requirements PROMPT example:

Home Loan Promissory Note

"I need a Swiss Home Loan Promissory Note for a CHF 800,000 residential property purchase in Zurich, with a fixed interest rate of 2.5% for the first five years starting March 2025, including standard property insurance requirements and early repayment options."

Document background
The Home Loan Promissory Note is a crucial document in Swiss real estate financing, used when individuals or entities seek to borrow money for residential property purchase or refinancing. This document type combines elements of a promissory note with mortgage security provisions, following strict requirements under Swiss law. It's particularly important in the Swiss market where most residential properties are financed through mortgage loans. The document must be carefully structured to comply with both the Swiss Code of Obligations regarding debt instruments and the Swiss Civil Code's provisions on property rights and mortgages. It typically includes comprehensive details about the loan terms, property security, borrower obligations, and enforcement mechanisms, making it a fundamental tool in Swiss real estate transactions.
Suggested Sections

1. Parties: Identification of the lender (typically a bank) and borrower with full legal names and addresses

2. Background: Brief context of the loan purpose and property acquisition

3. Definitions: Key terms used throughout the document

4. Loan Amount and Currency: Specification of the principal amount and currency of the loan

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

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

7. Security: Description of the mortgage security and property details

8. Representations and Warranties: Borrower's confirmations regarding their financial status and property ownership

9. Borrower's Obligations: Ongoing obligations including property maintenance and insurance requirements

10. Events of Default: Circumstances constituting default and consequential rights of the lender

11. Enforcement: Lender's rights and procedures in case of default

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdictional arrangements

Optional Sections

1. Guarantors: Include when there are third-party guarantors for the loan

2. Insurance Requirements: Detailed section when specific insurance arrangements are required beyond standard provisions

3. Special Repayment Terms: Include when early repayment options or special payment arrangements are agreed

4. Property Usage Restrictions: Include when there are specific restrictions on property use or letting

5. Co-borrower Provisions: Include when there are multiple borrowers

6. Construction Provisions: Include when the loan relates to property under construction or renovation

Suggested Schedules

1. Property Description: Detailed description of the mortgaged property including land registry details

2. Payment Schedule: Amortization table showing principal and interest payments

3. Insurance Certificates: Copies of required insurance policies

4. Property Valuation: Official property valuation report

5. Land Registry Extract: Current extract from the land registry

6. Mortgage Certificate: Copy of the mortgage certificate (Schuldbrief)

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

Real Estate

Financial Services

Insurance

Legal Services

Property Development

Mortgage Lending

Notarial Services

Relevant Teams

Legal

Mortgage Operations

Credit Risk

Compliance

Real Estate Finance

Document Management

Banking Operations

Client Relations

Property Services

Underwriting

Relevant Roles

Mortgage Advisor

Legal Counsel

Banking Relationship Manager

Credit Risk Officer

Real Estate Manager

Compliance Officer

Property Lawyer

Notary Public

Mortgage Underwriter

Banking Operations Manager

Real Estate Finance Manager

Document Management 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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