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Mortgage Deferral Agreement Template for Ireland

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Key Requirements PROMPT example:

Mortgage Deferral Agreement

"I need a Mortgage Deferral Agreement for a residential property in Dublin, allowing a 6-month payment holiday starting March 2025 due to the borrower's temporary unemployment, with interest to be capitalized during the deferral period."

Document background
The Mortgage Deferral Agreement is a critical document used in the Irish banking sector when borrowers require temporary relief from their mortgage payment obligations. This agreement becomes necessary during periods of financial hardship, economic downturns, or exceptional circumstances affecting the borrower's ability to meet regular mortgage payments. The document must comply with Irish banking regulations, particularly the Code of Conduct on Mortgage Arrears (CCMA) and consumer protection legislation. It typically includes detailed terms about the deferral period, interest calculations, revised payment schedules, and the process for returning to regular payments. The agreement serves as an addendum to the original mortgage agreement, ensuring that while temporary relief is provided, the fundamental obligations and security interests remain protected.
Suggested Sections

1. Parties: Identification of the Lender and the Borrower(s) with full legal names and addresses

2. Background: Context of the original mortgage agreement, reason for deferral request, and confirmation of the existing mortgage terms

3. Definitions: Key terms used throughout the agreement including 'Deferral Period', 'Original Mortgage Agreement', 'Deferred Amount', and 'Revised Payment Schedule'

4. Deferral Terms: Specific details of the deferral arrangement including duration, amount deferred, and any conditions attached

5. Revised Payment Structure: Details of how payments will be handled during and after the deferral period, including any changes to the payment schedule

6. Effect on Original Mortgage: Clarification that all other terms of the original mortgage remain in force and this agreement serves as a temporary modification

7. Interest Treatment: Explanation of how interest will be calculated and applied during the deferral period

8. Borrower's Confirmations: Borrower's acknowledgments and warranties regarding their understanding of the arrangement and financial situation

9. Default Provisions: Consequences of failing to comply with the terms of the deferral agreement

10. Governing Law: Confirmation that the agreement is governed by Irish law

Optional Sections

1. Financial Hardship Declaration: Required when the deferral is specifically due to financial hardship, including details of the borrower's circumstances

2. Additional Security: Include when additional security is required for the deferred amount

3. Insurance Requirements: Include when there are specific insurance requirements during the deferral period

4. Early Resumption: Terms for early resumption of normal payments, include when the borrower might want flexibility to end the deferral early

5. Third Party Consents: Required when there are guarantors or other parties with security interests in the property

6. Review Periods: Include when regular reviews of the borrower's circumstances are required during the deferral period

Suggested Schedules

1. Schedule 1 - Original Mortgage Details: Summary of the key terms from the original mortgage agreement

2. Schedule 2 - Revised Payment Schedule: Detailed breakdown of the modified payment schedule during and after the deferral period

3. Schedule 3 - Financial Information: Current financial information provided by the borrower supporting the deferral request

4. Appendix A - Calculation of Deferred Amount: Detailed calculations showing how the deferred amount and revised payments have been calculated

5. Appendix B - Required Forms: Standard forms required under Irish banking regulations and CCMA compliance

6. Appendix C - Communication Protocol: Procedures for communications between parties during the deferral period

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

Relevant legal definitions








































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Relevant Industries

Banking

Financial Services

Real Estate

Legal Services

Mortgage Lending

Consumer Finance

Retail Banking

Relevant Teams

Legal

Compliance

Credit Risk

Mortgage Operations

Customer Relations

Collections

Underwriting

Document Management

Quality Assurance

Financial Advisory

Relevant Roles

Mortgage Officer

Credit Risk Manager

Legal Counsel

Compliance Officer

Banking Relationship Manager

Mortgage Underwriter

Collections Manager

Customer Service Representative

Financial Advisor

Mortgage Administrator

Risk Assessment Officer

Branch Manager

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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