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Mortgage Buydown Agreement Template for England and Wales

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Key Requirements PROMPT example:

Mortgage Buydown Agreement

"Need a Mortgage Buydown Agreement where the property developer will contribute £15,000 to reduce the interest rate by 2% for the first two years, starting from March 2025, with the option for early termination if the property is sold."

Document background
A Mortgage Buydown Agreement is utilized when parties wish to establish a temporary reduction in mortgage payments through an upfront contribution of funds. This document, governed by English and Welsh law, is particularly relevant in scenarios where property sellers, builders, or other parties contribute funds to reduce the borrower's initial mortgage payments. The agreement specifies how the buydown funds are applied, the duration of the reduced rate period, and the transition to standard rates. It must comply with FCA regulations and the Financial Services and Markets Act 2000.
Suggested Sections

1. Parties: Identifies all parties to the agreement including lender, borrower, and any intermediaries

2. Background: Explains the context and purpose of the buydown arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Buydown Terms: Details of the temporary rate reduction and payment schedule

5. Payment Structure: Specifies how the buydown funds will be applied

6. Duration: Period of the buydown arrangement

7. Regulatory Compliance: Statements ensuring compliance with FSMA, Consumer Credit Act, and FCA requirements

8. Representations and Warranties: Standard representations and warranties from all parties

9. Governing Law and Jurisdiction: Specifies English and Welsh law as governing law and relevant jurisdiction

Optional Sections

1. Third Party Contributions: Provisions regarding buydown funds provided by a third party such as property seller or developer

2. Early Termination: Terms and conditions for early termination of the buydown arrangement

3. Refinancing Provisions: Clauses addressing the impact of refinancing on the buydown arrangement

4. Default Provisions: Specific provisions dealing with default scenarios and remedies

5. Assignment: Terms regarding the ability to assign rights under the agreement

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed schedule showing reduced payments during the buydown period

2. Schedule 2 - Buydown Calculation Method: Mathematical formula and examples for calculating buydown amounts

3. Schedule 3 - Fund Disbursement Schedule: Timeline and process for release of buydown funds

4. Schedule 4 - Required Notices and Forms: Standard forms and notices required under relevant regulations

5. Appendix A - Regulatory Disclosures: Mandatory disclosures required under FSMA and FCA regulations

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

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Relevant Industries
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Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing the regulatory framework for mortgage activities

Consumer Credit Act 1974: Regulates credit agreements and provides consumer protection in financial transactions including certain aspects of mortgage arrangements

Consumer Rights Act 2015: Consolidates consumer protection law and provides rules about unfair terms in consumer contracts including mortgage agreements

Mortgage Credit Directive Order 2015: Implements EU rules on mortgage credit and sets standards for mortgage lending and buying

Law of Property Act 1925: Fundamental property law that governs real estate transactions and mortgage security in England and Wales

FCA Handbook - MCOB: Mortgages and Home Finance: Conduct of Business Sourcebook - Details specific rules and guidance for mortgage lenders and administrators

FCA Handbook - CONC: Consumer Credit sourcebook - Contains rules and guidance for consumer credit activities including certain mortgage-related aspects

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers against unfair standard terms in contracts, including mortgage agreements

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers in financial services including mortgages

Financial Services (Distance Marketing) Regulations 2004: Regulates the distance selling of financial services including mortgage products

UK General Data Protection Regulation: Governs the processing of personal data in mortgage agreements and related financial services

Data Protection Act 2018: Implements and supplements the UK GDPR, providing specific data protection requirements for financial institutions

Money Laundering Regulations 2017: Sets out anti-money laundering requirements for mortgage lenders and financial institutions

Equality Act 2010: Ensures non-discrimination in the provision of financial services including mortgages

Financial Services Act 2012: Reformed the financial regulatory structure and created new rules affecting mortgage lending

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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