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Owner Financing Mortgage Contract for Indonesia

Owner Financing Mortgage Contract Template for Indonesia

This document is a comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for a property purchase where the seller provides direct financing to the buyer. It complies with Indonesian Civil Code requirements and relevant property laws, including Law No. 4 of 1996 on Mortgage Rights Over Land. The agreement details the property specifications, purchase price, financing terms, security arrangements, and obligations of both parties, while incorporating necessary provisions for registration with relevant Indonesian authorities and compliance with local property transfer regulations.

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Owner Financing Mortgage Contract

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What is a Owner Financing Mortgage Contract?

The Owner Financing Mortgage Contract is a crucial legal instrument used in Indonesian property transactions where traditional bank financing is either not preferred or not available. This document is particularly relevant when sellers wish to finance the buyer's purchase directly, creating a mortgage arrangement that complies with Indonesian property and financing laws. The agreement must be executed before a Land Deed Official (PPAT) and requires registration with the National Land Office (BPN). It includes detailed provisions for the property transfer, payment terms, security arrangements, and enforcement mechanisms, all structured to comply with Indonesian Civil Code and relevant property regulations. The document is especially useful for private property sales, commercial real estate transactions, and situations where parties prefer direct financing arrangements over traditional banking channels.

What sections should be included in a Owner Financing Mortgage Contract?

1. Parties: Identification of the property seller (lender) and buyer (borrower), including their full legal names, addresses, and any relevant registration numbers

2. Background: Context of the transaction, including the seller's ownership of the property and the buyer's intention to purchase through owner financing

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

4. Property Details: Complete legal description of the property, including certificate numbers, boundaries, and registered encumbrances

5. Purchase Price and Financing Terms: Total purchase price, down payment, loan amount, interest rate, payment schedule, and term of the loan

6. Security Arrangements: Details of the mortgage rights (Hak Tanggungan) over the property and registration requirements

7. Payment Terms: Specific provisions regarding payment methods, due dates, late payments, and prepayment options

8. Representations and Warranties: Statements of fact and guarantees from both parties regarding their capacity, property condition, and title

9. Covenants: Ongoing obligations of both parties, including property maintenance, insurance, and tax responsibilities

10. Default and Remedies: Events constituting default and the rights and remedies of each party in case of default

11. Transfer and Assignment: Provisions regarding the ability to transfer or assign rights under the agreement

12. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and methods for resolving disputes

13. Notices: Methods and addresses for formal communications between parties

14. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Owner Financing Mortgage Contract?

1. Property Management: Required when specific arrangements for property management during the financing period are needed

2. Insurance Requirements: Detailed insurance obligations beyond standard requirements, used when specific risks need coverage

3. Third Party Rights: Needed when other parties have interests in the property or agreement

4. Force Majeure: Specific provisions for unforeseen circumstances, particularly relevant in areas prone to natural disasters

5. Environmental Matters: Required for properties with potential environmental concerns or specific environmental requirements

6. Development Rights: Included when the property has potential for development or requires specific permissions

7. Strata Title Provisions: Required for apartments or properties under strata title

8. Business Use Provisions: Needed when the property will be used for business purposes

What schedules should be included in a Owner Financing Mortgage Contract?

1. Property Description Schedule: Detailed technical description of the property, including maps and certificates

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

3. Property Condition Report: Documentation of the property's condition at the time of agreement

4. Insurance Requirements Schedule: Detailed specifications of required insurance coverage

5. Permitted Use Schedule: Specifications of allowed property uses and restrictions

6. Property Title Documents: Copies of relevant property ownership and registration documents

7. Due Diligence Reports: Technical, legal, and financial due diligence reports

8. Form of Transfer Documents: Templates for documents required for eventual transfer of title

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

Mortgage Agreement

Cost

Free to use
Relevant legal definitions














































Clauses







































Relevant Industries

Real Estate

Property Development

Banking & Finance

Construction

Housing Development

Commercial Property

Residential Property

Legal Services

Insurance

Property Management

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Property Management

Contract Administration

Corporate Affairs

Investment

Operations

Relevant Roles

Real Estate Manager

Property Development Director

Legal Counsel

Property Lawyer

Finance Manager

Real Estate Agent

Property Administrator

Contract Manager

Risk Manager

Compliance Officer

Property Investment Manager

Mortgage Specialist

Real Estate Transaction Coordinator

Corporate Counsel

Chief Legal Officer

Chief Financial Officer

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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