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Mortgage Modification Agreement Template for India

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Key Requirements PROMPT example:

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."

Document background
The Mortgage Modification Agreement is a crucial document used when parties to an existing mortgage arrangement need to alter their original terms while keeping the basic security structure intact. This document becomes necessary during various circumstances such as financial hardship, interest rate adjustments, or changes in payment terms. Under Indian law, particularly the Transfer of Property Act and Registration Act, such modifications must be properly documented and registered when they involve substantial changes to the original mortgage terms. The agreement carefully details all modifications while ensuring compliance with Indian banking regulations and property laws, making it essential for both lenders and borrowers to protect their respective interests. The document typically includes comprehensive information about the original mortgage, specific modifications, and updated terms while maintaining enforceability under Indian jurisdiction.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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










































Clauses






























Relevant Industries

Banking

Real Estate

Financial Services

Housing Finance

Construction

Property Development

Mortgage Lending

Commercial Real Estate

Relevant Teams

Legal

Credit Risk

Mortgage Operations

Documentation

Compliance

Property Valuation

Loan Processing

Recovery & Collections

Branch Operations

Relationship Management

Relevant Roles

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

Industries







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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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