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Private Mortgage Agreement

Private Mortgage Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Private Mortgage Agreement

"I need a Private Mortgage Agreement for a residential property in Hong Kong's Mid-Levels area, with a loan amount of HKD 12 million at 3.5% interest rate, to be repaid over 25 years starting March 2025, with early repayment options."

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Document background
The Private Mortgage Agreement is a crucial document used in Hong Kong real estate financing transactions when a lender provides funding secured against real property. This document is essential for both private lending arrangements and institutional loans, establishing the legal framework for the mortgage relationship. It must comply with Hong Kong's property laws, particularly the Conveyancing and Property Ordinance and Land Registration Ordinance, and includes detailed provisions on loan terms, security arrangements, covenant obligations, and enforcement rights. The agreement is commonly used in both residential and commercial property transactions, requiring careful drafting to ensure enforceability and protection of both parties' interests under Hong Kong law.
Suggested Sections

1. Parties: Identification of the mortgagor (borrower) and mortgagee (lender), including full legal names, addresses, and identification numbers

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

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

4. The Property: Detailed description of the mortgaged property, including lot number, address, and registration details

5. Loan Amount and Interest: Specification of the principal loan amount, interest rate, and calculation method

6. Repayment Terms: Details of repayment schedule, payment amounts, and payment methods

7. Security Creation: Legal creation of the mortgage charge over the property

8. Borrower's Covenants: Obligations of the borrower including property maintenance, insurance, and payment obligations

9. Lender's Rights: Rights of the lender including inspection rights and enforcement powers

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

11. Enforcement: Lender's powers of enforcement including power of sale

12. Representations and Warranties: Statements of fact and assurances given by the borrower

13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Guarantor Provisions: Include when there is a guarantor for the mortgage loan, detailing guarantor's obligations and liability

2. Insurance Requirements: Detailed insurance obligations when specific insurance arrangements are required beyond standard coverage

3. Property Management: Include for properties requiring specific management arrangements or restrictions

4. Pre-payment Provisions: Include when early repayment is allowed, detailing terms and any penalties

5. Special Payment Arrangements: Include for non-standard payment arrangements such as interest-only periods

6. Third Party Rights: Include when there are existing tenancies or other third-party interests in the property

7. Construction Obligations: Include when the property is under construction or requires specific improvements

Suggested Schedules

1. Property Details Schedule: Detailed property description including boundaries, floor plans, and included fixtures

2. Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and interest calculations

3. Insurance Requirements Schedule: Specific details of required insurance coverage and terms

4. Form of Notice: Standard forms for various notices required under the agreement

5. Existing Encumbrances: List of any existing charges, easements, or other encumbrances affecting the property

6. Property Title Documents: List of all relevant title documents and their location

7. Special Conditions: Any special conditions or requirements specific to the property or loan arrangement

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
Relevant legal definitions









































Clauses






























Relevant Industries

Real Estate

Banking

Financial Services

Legal Services

Insurance

Property Development

Mortgage Lending

Private Lending

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Credit

Finance

Property Management

Operations

Document Management

Loan Administration

Relevant Roles

Legal Counsel

Property Lawyer

Mortgage Officer

Loan Officer

Real Estate Manager

Compliance Officer

Risk Manager

Property Manager

Financial Advisor

Banking Executive

Credit Manager

Legal Director

Contract Administrator

Industries






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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