Private Mortgage Contract

Private Mortgage Contract Template for Switzerland

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Key Requirements PROMPT example:

"I need a Private Mortgage Contract for lending CHF 500,000 to a family member for purchasing their first home in Geneva, with a 15-year term and a fixed interest rate of 2.5%, starting March 1, 2025."

Document background

The Private Mortgage Contract serves as a fundamental legal instrument in Swiss real estate financing between private parties. It is typically used when individuals, rather than financial institutions, provide mortgage financing for real estate purchases or refinancing. The document must comply with Swiss federal laws, including the Civil Code (ZGB) and Code of Obligations (OR), as well as relevant cantonal regulations. The contract establishes the security interest over the property, defines loan terms, and outlines the rights and obligations of both parties. Essential elements include property details, loan amount, interest calculations, repayment schedules, and enforcement provisions. This Private Mortgage Contract is particularly relevant in situations where traditional bank financing is not preferred or available, offering a structured framework for private lending while ensuring legal protection for all parties involved.

Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names, addresses, and any relevant identification numbers

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

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Property Details: Detailed description of the mortgaged property, including address, land registry details, and current ownership

6. Interest Rate and Calculations: Specification of interest rate, calculation method, and payment periods

7. Repayment Terms: Schedule of repayments, including principal and interest, payment dates, and method of payment

8. Security Interest: Details of the mortgage registration, ranking, and extent of the security interest

9. Borrower's Representations: Warranties and representations regarding property ownership, absence of prior claims, and authority to enter agreement

10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and taxes

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

12. Enforcement Rights: Lender's rights and remedies in case of default

13. Costs and Fees: Allocation of costs including registration fees, notary fees, and enforcement costs

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts

Optional Sections

1. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required beyond standard property insurance

2. Prepayment Provisions: Terms for early repayment when early repayment options are to be included

3. Property Usage Restrictions: Specific restrictions on property use when required by the lender

4. Co-borrower Provisions: Additional terms when multiple borrowers are involved

5. Guarantor Provisions: Terms applicable when a third-party guarantor is involved

6. Foreign Currency Provisions: Additional terms when the loan is in a currency other than Swiss Francs

7. Property Management: Requirements for professional property management when the property is an investment property

8. Assignment and Transfer: Terms governing the transfer of rights when either party wishes to allow for assignment

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including land registry extract

2. Payment Schedule: Amortization table showing all scheduled payments

3. Insurance Certificates: Copies of required insurance policies

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

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

6. Building Permits: Copies of relevant building permits and certificates if recent construction

7. Property Inspection Report: Current condition report of the property

8. Prior Ranking Rights: List of any prior ranking rights or encumbrances on the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Banking & Finance

Legal Services

Insurance

Property Management

Construction & Development

Private Lending

Wealth Management

Mortgage Services

Property Investment

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Services

Wealth Management

Private Banking

Investment Advisory

Document Management

Credit Analysis

Relevant Roles

Legal Counsel

Real Estate Attorney

Mortgage Broker

Property Manager

Real Estate Agent

Financial Advisor

Wealth Manager

Notary Public

Compliance Officer

Risk Manager

Property Appraiser

Investment Advisor

Real Estate Investment Manager

Private Banking Relationship Manager

Legal Documentation Specialist

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