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Mortgage Modification Agreement
"I need a Mortgage Modification Agreement for an existing commercial property loan where we're extending the loan tenure by 5 years and reducing the interest rate from 12% to 9%, effective March 1, 2025, with HDFC Bank as the lender."
1. Parties: Identification of all parties to the agreement including the mortgagor, mortgagee, and any guarantors
2. Background: Details of the original mortgage agreement, reasons for modification, and current status of the mortgage
3. Definitions: Definitions of key terms used in the agreement, including references to original mortgage definitions where applicable
4. Acknowledgment of Existing Mortgage: Confirmation of the existing mortgage terms, outstanding amount, and current obligations
5. Modification Terms: Specific changes being made to the original mortgage terms (e.g., interest rate, payment schedule, loan tenure)
6. Effective Date: The date when the modifications take effect
7. Continuing Security: Confirmation that the original security remains in force and extends to modified terms
8. Representations and Warranties: Updated representations by parties regarding their capacity and authority to modify the mortgage
9. Payment Terms: Modified payment structure, amounts, and schedule
10. Default Provisions: Updated terms regarding what constitutes default and consequences thereof
11. Governing Law and Jurisdiction: Confirmation of applicable law and courts having jurisdiction
12. Execution: Signature blocks and execution formalities
1. Additional Security: Include when new security is being added to the mortgage
2. Release of Guarantors: Include when existing guarantors are being released or new guarantors added
3. Insurance Requirements: Include when modifying insurance requirements for the mortgaged property
4. Cross Default: Include when linking defaults under other facilities or agreements
5. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
6. Property Maintenance Covenants: Include when modifying obligations regarding property maintenance
7. Prepayment Terms: Include when modifying terms for early repayment
1. Modified Payment Schedule: Detailed schedule of revised payment dates and amounts
2. Property Description: Legal description of the mortgaged property and its boundaries
3. Original Mortgage Agreement: Copy or extract of the original mortgage agreement being modified
4. Outstanding Amount Calculation: Detailed calculation of the current outstanding amount including interest and charges
5. Modified Interest Calculation: Details of revised interest calculation method if applicable
6. Registration Details: Details of original mortgage registration and modification registration requirements
7. Compliance Certificates: Necessary certificates from regulatory authorities or property evaluators
Authors
Banking
Real Estate
Financial Services
Housing Finance
Construction
Property Development
Mortgage Lending
Commercial Real Estate
Legal
Credit Risk
Mortgage Operations
Documentation
Compliance
Property Valuation
Loan Processing
Recovery & Collections
Branch Operations
Relationship Management
Chief Credit Officer
Mortgage Officer
Legal Counsel
Property Lawyer
Real Estate Manager
Credit Risk Manager
Loan Officer
Documentation Specialist
Compliance Officer
Recovery Manager
Property Valuation Expert
Branch Manager
Relationship Manager
Credit Analyst
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