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Deed Of Variation Mortgage

Deed Of Variation Mortgage Template for England and Wales

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Deed Of Variation Mortgage

"I need a Deed of Variation Mortgage to modify an existing buy-to-let mortgage with Barclays Bank, changing the interest rate from variable to fixed and extending the term by 5 years from January 2025."

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What is a Deed Of Variation Mortgage?

A Deed of Variation Mortgage is essential when parties need to modify the terms of an existing mortgage agreement in England and Wales. This document is commonly used when circumstances change, requiring adjustments to payment terms, interest rates, or other significant mortgage conditions. The deed must comply with specific legal requirements under English property law and usually requires registration with HM Land Registry. It serves as a formal amendment to the original mortgage deed, ensuring the variations are legally binding and enforceable.

What sections should be included in a Deed Of Variation Mortgage?

1. Parties: Details of the mortgagor, mortgagee, and any other relevant parties

2. Background: Details of the original mortgage and reason for variation

3. Definitions: Key terms used in the deed including referenced documents

4. Variation Details: Specific changes being made to the original mortgage

5. Effective Date: When the variations take effect

6. Original Terms: Confirmation that all other terms remain unchanged

7. Execution: Signing requirements and attestation

What sections are optional to include in a Deed Of Variation Mortgage?

1. Additional Security: Used when new property or assets are being added as security to the mortgage

2. Consent of Additional Parties: Used when consent is required from guarantors or other charge holders

3. Conditions Precedent: Used when specific requirements must be met before the variation takes effect

What schedules should be included in a Deed Of Variation Mortgage?

1. Schedule 1 - Property Description: Details of the mortgaged property

2. Schedule 2 - Original Mortgage: Copy or details of the original mortgage deed

3. Schedule 3 - Varied Terms: Detailed list of all variations being made

4. Appendix A - Supporting Documents: Any relevant supporting documentation including consents and certificates

Authors

Alex Denne

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

alex.den.21@genieai.co
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Industries

Law of Property Act 1925: Primary legislation governing creation and variation of legal charges and formal requirements for deeds in England and Wales

Land Registration Act 2002: Legislation covering registration requirements, priority of charges, and requirements for electronic documents in property transactions

Financial Services and Markets Act 2000: Establishes regulatory framework for mortgage lending and consumer protection provisions in financial services

Consumer Credit Act 1974: Legislation governing regulated mortgages and consumer protection measures in credit agreements

FCA Mortgage Conduct of Business Rules (MCOB): Regulatory requirements covering fair treatment of customers, disclosure requirements, and advice and selling standards in mortgage business

Land Registry Requirements: Specific form, content, and execution requirements for registration of property documents with the Land Registry

Trustee Act 2000: Legislation governing trustee duties and powers when trustees are involved in property transactions

HM Land Registry Practice Guides: Official guidance documents including Practice Guide 8 (Execution of deeds) and Practice Guide 31 (Constructive notice and restrictions)

Unfair Contract Terms Act 1977: Legislation ensuring fairness of contractual terms including variation terms in mortgage agreements

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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