The Mortgage Affidavit is a crucial document in Hong Kong's property financing landscape, typically required during the mortgage registration process or when providing evidence of mortgage arrangements. It serves as a sworn statement that contains essential declarations about property ownership, existing encumbrances, and the authenticity of the mortgage transaction. This document is particularly important in Hong Kong's legal framework, where formal documentation and verification of property transactions are strictly regulated. The affidavit must be executed before a Commissioner for Oaths and typically accompanies mortgage applications, property transfers, or refinancing arrangements. It helps prevent fraud, ensures transparency, and provides legal protection for all parties involved in the mortgage transaction.
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1. Title and Venue: Specifies the jurisdiction (Hong Kong) and the relevant ordinance under which the affidavit is made
2. Deponent Information: Full name, HKID/passport number, occupation, and address of the person making the affidavit
3. Property Details: Complete description of the mortgaged property, including address, lot number, and registration details
4. Mortgage Details: Information about the mortgage agreement, including date, parties involved, and principal amount
5. Declaration of Ownership: Confirmation of legal ownership or right to mortgage the property
6. Declaration of Encumbrances: Statement regarding any existing charges, mortgages, or encumbrances on the property
7. Declaration of Good Faith: Affirmation that the mortgage is genuine and not intended to defraud creditors
8. Execution: Signature block, including space for the deponent's signature and the commissioner for oaths' attestation
1. Corporate Authority: Required when the mortgagor is a company, including declarations about corporate resolutions and authority to execute the mortgage
2. Matrimonial Property Statement: Required when the property is or was a matrimonial home, declaring spouse's consent or rights
3. Foreign Investment Declaration: Required when the mortgagor is a foreign person or entity, addressing any relevant foreign investment restrictions
4. Prior Mortgage Details: Required when there are existing mortgages, providing details of prior encumbrances and arrangements
5. Source of Funds Declaration: Optional section declaring the source of funds for mortgage payments, sometimes required for compliance purposes
1. Property Schedule: Detailed property information including lot number, land registry details, and property boundaries
2. Document Schedule: List of all relevant documents referenced in the affidavit, including title deeds and mortgage agreement
3. Identity Documents: Copies of relevant identity documents of the deponent and other parties mentioned
4. Corporate Documents: If applicable, copies of corporate resolutions, certificates, and other relevant company documents
5. Title Documents: Copies of relevant title documents and land search results
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Legal Services
Property Development
Mortgage Lending
Corporate Services
Wealth Management
Property Investment
Relevant Teams
Legal
Compliance
Real Estate
Mortgage Operations
Property Services
Documentation
Risk Management
Corporate Services
Customer Relations
Underwriting
Relevant Roles
Legal Counsel
Mortgage Officer
Property Lawyer
Conveyancing Manager
Compliance Officer
Real Estate Manager
Banking Officer
Commissioner for Oaths
Property Transaction Officer
Mortgage Underwriter
Legal Executive
Corporate Lawyer
Real Estate Agent
Financial Advisor
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