A Deed of Real Estate Mortgage is used when property is offered as security for a loan in England and Wales. This document is essential for both residential and commercial property transactions where secured lending is involved. The deed must comply with strict formal requirements under English law and contains detailed information about the property, the loan terms, the parties' obligations, and the lender's rights in case of default. It creates a legal charge over the property which must be registered with HM Land Registry to be effective against third parties.
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1. Parties: Details of mortgagor and mortgagee, including full legal names and addresses
2. Background: Context of the mortgage, including property details and loan agreement reference
3. Definitions: Key terms used throughout the deed
4. Property Description: Detailed legal description of the mortgaged property
5. Mortgage Terms: Core terms including amount, interest rate, and repayment provisions
6. Covenants: Mortgagor's obligations regarding property maintenance and insurance
7. Powers of the Mortgagee: Rights of the lender including power of sale
8. Execution: Formal execution blocks for all parties
1. Further Advance Provisions: Additional terms for mortgages allowing additional borrowing - used for flexible mortgages allowing additional drawdown
2. Buy-to-Let Provisions: Specific terms for rental properties - included when property is intended for rental purposes
3. Cross-Collateralization: Terms linking multiple properties - used when mortgage covers multiple properties
1. Property Schedule: Detailed property description including title number and plan
2. Payment Schedule: Repayment terms and instalments
3. Special Conditions: Any property-specific or borrower-specific conditions
4. Property Plan: Official copy of Land Registry plan
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