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Holding Mortgage Agreement

Holding Mortgage Agreement Template for Malaysia

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Key Requirements PROMPT example:

Holding Mortgage Agreement

"I need a Holding Mortgage Agreement for a commercial property in Kuala Lumpur, with a conventional financing structure and multiple guarantors, to be completed by March 2025, ensuring compliance with Malaysian banking regulations."

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Document background
The Holding Mortgage Agreement is a crucial document in Malaysian property financing, used when a lender requires security over real property while allowing the borrower to maintain possession and use of the property. This type of agreement is commonly used in both conventional and Islamic financing structures in Malaysia, complying with the National Land Code 1965 and relevant banking regulations. The document contains essential provisions regarding the creation and enforcement of the security interest, borrower's obligations, default scenarios, and remedies available to the lender. It is particularly important in commercial and residential property transactions where the property serves as collateral for financing, and must be properly registered with the relevant Land Office to be effective.
Suggested Sections

1. Parties: Identifies and defines the mortgagor, mortgagee, and any other relevant parties to the agreement

2. Background: Sets out the context of the agreement, including the purpose of the mortgage and any relevant preceding agreements

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Grant of Mortgage: Core provision establishing the mortgage over the property as security for the loan

5. The Secured Amounts: Defines the debt and other amounts secured by the mortgage

6. Representations and Warranties: Mortgagor's confirmations regarding property ownership, authority to enter agreement, and other material facts

7. Covenants: Mortgagor's ongoing obligations regarding property maintenance, insurance, and compliance with laws

8. Payment Terms: Details of payment obligations, including principal, interest, and other charges

9. Events of Default: Specifies circumstances constituting default and consequences

10. Enforcement Rights: Mortgagee's rights and remedies upon default, including power of sale

11. Insurance: Requirements for property insurance and assignment of insurance proceeds

12. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the mortgage

13. Notices: Requirements for giving formal notices under the agreement

14. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Islamic Finance Provisions: Required when the mortgage follows Shariah principles, including specific terms for Islamic financing structures

2. Multiple Properties: Additional provisions when the mortgage covers multiple properties

3. Guarantee Provisions: When there is a guarantor securing the mortgagor's obligations

4. Property Development Provisions: Special provisions for properties under development

5. Foreign Investment Provisions: Required when the mortgagor is a foreign entity, addressing relevant restrictions and requirements

6. Security Trustee Provisions: When a security trustee is appointed to hold the security for multiple lenders

7. Cross-Default Provisions: Links to other financing agreements when part of a larger financing arrangement

Suggested Schedules

1. Property Description: Detailed legal description of the mortgaged property, including title details

2. Payment Schedule: Detailed breakdown of payment obligations, including dates and amounts

3. Insurance Requirements: Specific insurance requirements and minimum coverage amounts

4. Form of Transfer: Template for property transfer documentation

5. Power of Attorney: Form of power of attorney granted to mortgagee for enforcement purposes

6. Existing Encumbrances: List of existing charges or encumbrances on the property

7. Form of Notice: Standard forms for various notices required under the agreement

8. Condition Precedent Documents: List of required documents to be provided before agreement effectiveness

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































Clauses






























Relevant Industries

Banking

Real Estate

Property Development

Construction

Financial Services

Islamic Banking

Property Investment

Residential Housing

Commercial Property

Relevant Teams

Legal

Real Estate

Credit Risk

Compliance

Property Services

Islamic Banking

Loan Operations

Security Documentation

Property Valuation

Transaction Management

Relevant Roles

Legal Counsel

Property Lawyer

Banking Officer

Mortgage Officer

Credit Risk Manager

Real Estate Manager

Compliance Officer

Property Valuation Officer

Islamic Banking Specialist

Security Documentation Officer

Senior Loan Officer

Real Estate Transaction Manager

Property Rights Registrar

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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