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Private Mortgage Contract Template for Nigeria

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Key Requirements PROMPT example:

Private Mortgage Contract

"I need a Private Mortgage Contract for a residential property in Lagos, Nigeria, with a loan amount of ���50 million, 15-year term, and include provisions for early repayment without penalties, to be executed by March 2025."

Document background
The Private Mortgage Contract is a fundamental document in Nigerian real estate financing, used when a lender provides funding for property acquisition or refinancing secured against real estate. This document type is essential for both residential and commercial property transactions in Nigeria, requiring compliance with federal and state legislation including the Land Use Act, Mortgage Institutions Act, and Central Bank of Nigeria regulations. The contract typically includes comprehensive details about the property, loan terms, security arrangements, payment schedules, and enforcement mechanisms. It's particularly important that the document incorporates all necessary consents and approvals required under Nigerian law, including governor's consent where applicable, and follows strict registration requirements at the appropriate land registry.
Suggested Sections

1. Parties: Identifies and provides full details of the Lender and the Borrower, including registration/identification numbers and addresses

2. Background: Outlines the context of the mortgage agreement, including brief property description and purpose of the loan

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. The Loan: Specifies the loan amount, purpose, and basic terms of advancement

5. Interest Rate and Payments: Details the interest rate, calculation method, payment schedule, and payment terms

6. Security: Describes the property being mortgaged and the nature of the security interest being created

7. Borrower's Covenants: Lists the borrower's obligations including property maintenance, insurance, and payment commitments

8. Representations and Warranties: Contains statements of fact and promises made by the borrower regarding their status and the property

9. Events of Default: Defines circumstances that constitute default and the lender's remedies

10. Enforcement Rights: Outlines the lender's rights and remedies in case of default, including power of sale

11. Notices: Specifies how formal communications between parties should be made and delivered

12. Governing Law and Jurisdiction: Confirms Nigerian law as governing law and specifies jurisdiction for disputes

Optional Sections

1. Guarantor Provisions: Required when there is a guarantor for the mortgage loan, detailing their obligations and liabilities

2. Insurance Requirements: Detailed section needed when specific insurance requirements go beyond standard property insurance

3. Construction Provisions: Required when the mortgage is for property under construction or renovation

4. Additional Security: Needed when additional collateral besides the primary property is being provided

5. Environmental Matters: Required for commercial properties or when environmental risks are a concern

6. Assignment and Transfer: Detailed provisions needed when the lender wants ability to assign or securitize the mortgage

7. Early Repayment Terms: Detailed section needed when specific early repayment options or penalties apply

Suggested Schedules

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

2. Payment Schedule: Amortization table showing breakdown of payments, principal, and interest over loan term

3. Insurance Requirements Schedule: Detailed specifications of required insurance coverage and terms

4. Special Conditions Schedule: Any special terms or conditions specific to this mortgage agreement

5. Fee Schedule: Breakdown of all fees, charges, and costs associated with the mortgage

6. Property Title Documents: Copies of relevant title documents and government consents

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

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 & Finance

Real Estate

Legal Services

Insurance

Construction

Property Development

Mortgage Lending

Financial Services

Relevant Teams

Legal

Real Estate

Mortgage Operations

Risk Management

Compliance

Property Services

Credit Assessment

Document Processing

Client Relations

Underwriting

Relevant Roles

Mortgage Officer

Real Estate Lawyer

Property Manager

Financial Advisor

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Real Estate Agent

Property Valuer

Banking Manager

Mortgage Underwriter

Title Officer

Contract Administrator

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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