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Certificate Of Mortgage for Nigeria

Certificate Of Mortgage Template for Nigeria

A Certificate of Mortgage is a formal legal document used in Nigeria to evidence and register a mortgage interest over a property. The document, governed by Nigerian law including the Land Use Act and various mortgage regulations, creates a security interest in favor of the lender (mortgagee) over the property of the borrower (mortgagor). It contains detailed information about the property, the parties involved, the loan amount, repayment terms, and various covenants and conditions that bind the parties. The document must comply with state-specific registration requirements and often requires the Governor's consent in accordance with Nigerian land law.

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What is a Certificate Of Mortgage?

A Certificate of Mortgage is a crucial document in Nigerian property financing that formalizes the creation of a mortgage interest over real property. This document is used when a property owner seeks to secure financing using their property as collateral, whether for personal or business purposes. The certificate must comply with various Nigerian laws, including the Land Use Act, Mortgage and Property Law, and relevant state-specific regulations. It serves as official evidence of the mortgage arrangement and must be properly registered with appropriate authorities. The document includes essential details such as property description, loan amount, repayment terms, and parties' obligations. In Nigeria, the certificate requires specific formalities including Governor's consent and proper stamping to be legally valid and enforceable.

What sections should be included in a Certificate Of Mortgage?

1. Title and Date: Formal title of the document as 'Certificate of Mortgage' with the date of execution

2. Parties: Full identification of the Mortgagor and Mortgagee, including names, addresses, and registration details for corporate entities

3. Property Description: Detailed description of the mortgaged property including its location, boundaries, and registration particulars

4. Consideration: Details of the mortgage amount and any other consideration

5. Grant of Mortgage: The operative words creating the mortgage and specifying the security interest

6. Payment Terms: Specifics of how and when the mortgage amount is to be repaid

7. Interest Rate: Specification of the applicable interest rate and calculation method

8. Covenants: Standard covenants by the Mortgagor regarding property maintenance, insurance, and other obligations

9. Default Provisions: Consequences of default and remedies available to the Mortgagee

10. Execution: Formal execution clause and signature blocks

What sections are optional to include in a Certificate Of Mortgage?

1. Insurance Requirements: Detailed insurance obligations when specific insurance requirements are needed beyond standard covenants

2. Additional Security: Where additional collateral or guarantees are provided as security

3. Special Conditions: Any special or unusual conditions specific to this mortgage

4. Environmental Warranties: For commercial properties where environmental concerns are relevant

5. Development Restrictions: When the property is subject to development constraints or planning restrictions

6. Third Party Rights: Where there are existing tenants or other third-party interests in the property

What schedules should be included in a Certificate Of Mortgage?

1. Property Schedule: Detailed technical description of the property including survey plans and title documents

2. Payment Schedule: Detailed breakdown of payment installments and dates

3. Insurance Schedule: Details of required insurance coverage and terms

4. Title Documents: Copies of relevant title documents and land registration certificates

5. Consent Documents: Governor's consent and other regulatory approvals

6. Property Valuation: Professional valuation report of the mortgaged property

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

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions































Clauses






























Relevant Industries

Banking and Financial Services

Real Estate

Construction

Housing Development

Commercial Property

Residential Property

Agriculture (for farmland mortgages)

Industrial and Manufacturing

Retail and Commercial

Relevant Teams

Legal

Real Estate

Credit Risk

Compliance

Property Administration

Mortgage Operations

Documentation

Risk Management

Corporate Banking

Real Estate Finance

Relevant Roles

Legal Counsel

Property Lawyer

Mortgage Officer

Real Estate Manager

Credit Risk Officer

Property Valuation Officer

Compliance Officer

Banking Officer

Real Estate Development Manager

Property Rights Administrator

Title Registration Officer

Mortgage Underwriter

Legal Documentation Specialist

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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