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House Loan Agreement for Indonesia

House Loan Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that establishes the terms and conditions for a property loan between a financial institution and a borrower. The agreement details the loan amount, interest rates, repayment terms, and security arrangements, specifically the creation of a mortgage (Hak Tanggungan) over the property. It incorporates requirements from Indonesian banking regulations, property law, and consumer protection legislation, while ensuring compliance with Bank Indonesia and OJK (Financial Services Authority) requirements. The document includes provisions for property insurance, default scenarios, and remedies available to the lender.

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House Loan Agreement

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What is a House Loan Agreement?

The House Loan Agreement is a crucial document used in Indonesian property financing transactions where a financial institution provides funding for residential property purchase, construction, or renovation. This agreement is essential for both the lender and borrower as it clearly defines their rights and obligations under Indonesian law. The document must comply with various regulations including the Indonesian Civil Code, Banking Law, and specific OJK regulations regarding property financing. It typically includes detailed provisions about the loan amount, interest calculations, repayment terms, property details, and security arrangements through Hak Tanggungan (mortgage rights). The agreement also addresses insurance requirements, default scenarios, and enforcement mechanisms, making it a comprehensive document that protects both parties' interests while ensuring regulatory compliance.

What sections should be included in a House Loan Agreement?

1. Parties: Identification of the lender (typically a bank) and borrower(s), including their complete legal names, addresses, and identification numbers

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

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

4. Loan Details: Specific details of the loan including principal amount, interest rate, term, and purpose

5. Property Details: Complete description of the property being financed, including legal title information and address

6. Security and Mortgage: Details of the mortgage (Hak Tanggungan) and any other security arrangements

7. Disbursement: Terms and conditions for the disbursement of the loan

8. Repayment Terms: Payment schedule, method of payment, and prepayment provisions

9. Interest and Fees: Detailed breakdown of interest calculation, applicable fees, and charges

10. Borrower's Representations and Warranties: Statements and guarantees made by the borrower regarding their capacity and circumstances

11. Borrower's Obligations: Ongoing obligations of the borrower during the loan term

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

13. Lender's Rights and Remedies: Actions the lender can take in case of default or breach

14. Insurance: Required insurance coverage for the property and terms related to insurance

15. Notices: How formal communications between parties should be made

16. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes

17. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

What sections are optional to include in a House Loan Agreement?

1. Guarantor Provisions: To be included when there is a third-party guarantor for the loan

2. Co-Borrower Provisions: Required when there are multiple borrowers for the same loan

3. Special Payment Arrangements: Include when there are specific payment structures or grace periods

4. Construction Provisions: Necessary when the loan is for house construction rather than purchase

5. Foreign Currency Provisions: Required when the loan involves foreign currency considerations

6. Developer Undertakings: Include when the property is part of a development project still under construction

7. Shariah Compliance: Required for Islamic banking house financing arrangements

What schedules should be included in a House Loan Agreement?

1. Payment Schedule: Detailed amortization table showing payment dates, principal and interest breakdowns

2. Property Documents: Copies of property title, certificates, and relevant permits

3. Insurance Requirements: Detailed specifications of required insurance coverage

4. Property Valuation Report: Professional valuation report of the property

5. Fees and Charges: Comprehensive list of all applicable fees and charges

6. Required Documents: List of all documents required from the borrower

7. Disbursement Schedule: If applicable, schedule of staged disbursements

8. Property Specifications: Detailed description of the property including floor plans and specifications

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions










































Clauses
































Relevant Industries

Banking & Financial Services

Real Estate

Insurance

Legal Services

Construction

Property Development

Mortgage Services

Financial Technology

Public Notary Services

Relevant Teams

Legal

Credit

Risk Management

Compliance

Mortgage Operations

Property Services

Document Management

Customer Relations

Underwriting

Banking Operations

Relevant Roles

Legal Counsel

Loan Officer

Mortgage Specialist

Credit Analyst

Risk Manager

Compliance Officer

Property Appraiser

Bank Manager

Relationship Manager

Document Controller

Legal Administrator

Property Lawyer

Notary Public

Banking Operations Manager

Underwriter

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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