The Private Mortgage Loan Agreement is a fundamental document in Irish residential property financing, used when a lender provides mortgage funding to individuals for property purchase or refinancing. This agreement is essential for protecting both lender and borrower interests, ensuring compliance with Irish banking regulations, consumer protection laws, and property legislation. It typically includes comprehensive details about the loan terms, property security, borrower obligations, default provisions, and enforcement mechanisms. The document must align with requirements set forth by the Central Bank of Ireland, including the Consumer Protection Code and the Code of Conduct on Mortgage Arrears. It serves as the primary contract governing the entire mortgage relationship throughout the loan term.
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1. Parties: Identifies the lender and borrower with full legal names and addresses
2. Background: Sets out the context of the loan agreement, including the purpose of the loan and property details
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Loan Details: Specifies the loan amount, interest rate, term, and repayment structure
5. Security: Details the mortgage security over the property and any additional security required
6. Borrower's Representations and Warranties: Statements of fact and assurances given by the borrower regarding their circumstances and the property
7. Borrower's Covenants: Ongoing obligations of the borrower including property maintenance, insurance, and payment obligations
8. Events of Default: Circumstances that constitute default and the lender's rights in such events
9. Lender's Rights and Remedies: Actions the lender can take in case of default or breach
10. Property Insurance Requirements: Specifications for required property insurance coverage
11. Notices: How formal communications between parties should be made and delivered
12. Governing Law and Jurisdiction: Confirms Irish law governs the agreement and Irish courts have jurisdiction
1. Guarantor Provisions: Required when there is a guarantor for the loan, detailing their obligations and liability
2. Life Insurance Requirements: Used when the lender requires life insurance as additional security
3. Property Letting Provisions: Included when the borrower may want to rent out the property
4. Fixed Rate Terms: Required when offering fixed interest rate options and break costs
5. Early Repayment Terms: Detailed terms for early loan repayment when permitted
6. Construction Provisions: Used when the property is under construction or requires significant renovation
7. Multiple Borrowers Provisions: Required when there are multiple borrowers, defining joint and several liability
1. Schedule 1 - Property Details: Detailed description of the mortgaged property including title information
2. Schedule 2 - Repayment Schedule: Detailed breakdown of repayment amounts and dates
3. Schedule 3 - Special Conditions: Any special terms or conditions specific to this loan
4. Schedule 4 - Fees and Charges: Complete breakdown of all applicable fees and charges
5. Schedule 5 - Insurance Requirements: Detailed specifications for required insurance coverage
6. Appendix A - Standard Variable Rate Terms: Terms and conditions specific to variable rate periods
7. Appendix B - Required Documents: List of documents required from the borrower for loan maintenance
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