Occupiers Deed Of Consent To Mortgage

Occupiers Deed Of Consent To Mortgage Template for Ireland

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Key Requirements PROMPT example:

"I need an Occupier's Deed of Consent to Mortgage for a family home in Dublin where my spouse, who runs a small business from home office, needs to consent to a new mortgage being taken out in March 2025; the document needs to include specific provisions for business use."

Document background

The Occupier's Deed of Consent to Mortgage is a vital document in Irish property finance transactions, required whenever a property being mortgaged is occupied by someone other than, or in addition to, the borrower who may have legal rights in the property. This document is particularly crucial under Irish law where the Family Home Protection Act 1976 requires spousal/civil partner consent for mortgages affecting family homes. The deed serves to protect the lender's security while ensuring occupiers are aware of their rights. It typically includes details of the property, the mortgage, the occupier's rights being postponed, and often requires independent legal advice. The document must comply with Irish property law requirements and banking regulations, making it essential for property transactions involving family homes or shared occupancy.

Suggested Sections

1. Parties: Identifies all relevant parties: the Occupier (consenting party), the Borrower (if different from Occupier), and the Lender

2. Background: Sets out the context: property ownership, occupancy status, relationship between parties, and proposed mortgage details

3. Definitions: Defines key terms including Property, Mortgage, Security Documents, and Occupier's Rights

4. Acknowledgment: Occupier's confirmation of awareness of the mortgage and its implications

5. Consent: Express consent of the Occupier to the creation of the mortgage and any related security

6. Postponement of Rights: Occupier's agreement to postpone any rights they have in the property to the Lender's security

7. Continuing Security: Confirmation that the consent remains effective throughout the mortgage term

8. Declarations: Occupier's declarations regarding their understanding and free will in giving consent

9. Execution: Formal execution clause and signature blocks

Optional Sections

1. Independent Legal Advice: Confirmation that the Occupier has received independent legal advice - required when the Occupier is not the Borrower

2. Multiple Occupancy Provisions: Additional provisions when there are multiple occupiers giving consent

3. Business Use Declaration: Required when part of the property is used for business purposes

4. Future Advances: Consent extending to any future advances under the mortgage - used for variable facilities

5. Non-Spouse Occupancy Rights: Additional provisions for occupiers who are not spouses/civil partners but have statutory rights

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the mortgaged property including folio numbers and boundaries

2. Schedule 2 - Mortgage Details: Summary of the key mortgage terms including amount, term, and lender details

3. Schedule 3 - Occupier's Rights: Detailed list of rights being postponed or affected by the consent

4. Appendix A - Certificate of Independent Legal Advice: Where required, the solicitor's certificate confirming independent advice was given

5. Appendix B - Statutory Declarations: Any required statutory declarations regarding occupancy or property status

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

alex.den.21@genieai.co

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