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Real Estate Mortgage Agreement Template for Nigeria

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Key Requirements PROMPT example:

Real Estate Mortgage Agreement

"Need a Real Estate Mortgage Agreement for a commercial property development in Lagos, Nigeria, covering three connected retail properties with a total loan value of ₦500 million, to be executed by March 2025 with ABC Bank as mortgagee."

Document background
The Real Estate Mortgage Agreement is a crucial document in Nigerian property financing, used when a property owner seeks to secure a loan using their real estate as collateral. This document must comply with the Land Use Act 1978, state property laws, and Central Bank of Nigeria regulations, with particular attention to obtaining necessary governmental consents. It's commonly used by banks, financial institutions, and property owners in both commercial and residential contexts. The agreement includes comprehensive details about the property, loan terms, parties' rights and obligations, default provisions, and enforcement mechanisms. Special consideration is given to Nigerian land tenure systems and state-specific requirements for property transactions. The document serves as both a security instrument and a regulatory compliance tool, protecting the interests of both lender and borrower while ensuring adherence to local legal requirements.
Suggested Sections

1. Parties: Identification of the Mortgagor (property owner), Mortgagee (lender), and their respective addresses

2. Background: Recitals explaining the context of the mortgage, including the loan request and property ownership details

3. Definitions: Definitions of key terms used throughout the agreement

4. The Secured Obligations: Details of the loan amount, interest rate, and other financial obligations being secured by the mortgage

5. Grant of Mortgage: Legal language creating the mortgage and charging the property

6. Representations and Warranties: Mortgagor's declarations regarding property ownership, authority to mortgage, and property condition

7. Mortgagor's Covenants: Obligations of the property owner including maintenance, insurance, payment of taxes, and restrictions on dealing with the property

8. Events of Default: Circumstances that constitute default under the mortgage

9. Remedies: Mortgagee's rights and powers upon default, including power of sale

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

11. Payment Terms: Detailed repayment schedule and payment mechanics

12. Notices: Process for serving formal notices between parties

13. General Provisions: Standard clauses including governing law, severability, and amendments

14. Execution: Signature blocks and attestation requirements

Optional Sections

1. Guarantor Provisions: Required when there is a guarantor securing the mortgage obligations

2. Multiple Properties: Additional provisions when the mortgage covers more than one property

3. Assignment and Transfer: Specific provisions regarding the ability to assign or transfer the mortgage, if permitted

4. Environmental Matters: Required for commercial properties or when environmental risks are identified

5. Construction Provisions: Required when the mortgage involves property under construction or development

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

7. Islamic Banking Provisions: Required when the mortgage needs to comply with Islamic banking principles

Suggested Schedules

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

2. Payment Schedule: Detailed breakdown of payment amounts, dates, and amortization schedule

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

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

5. Existing Encumbrances: List of any existing charges, liens, or encumbrances on the property

6. Special Conditions: Any special terms or conditions specific to the particular mortgage

7. Required Consents: Copies of necessary consents including Governor's consent under the Land Use Act

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

Relevant legal definitions








































Clauses







































Relevant Industries

Real Estate

Banking

Financial Services

Construction

Property Development

Mortgage Lending

Legal Services

Insurance

Relevant Teams

Legal

Real Estate

Credit Risk

Compliance

Property Valuation

Mortgage Operations

Due Diligence

Documentation

Credit Administration

Loan Processing

Relevant Roles

Legal Counsel

Mortgage Officer

Property Lawyer

Real Estate Manager

Credit Risk Officer

Compliance Officer

Property Valuation Officer

Relationship Manager

Branch Manager

Credit Analyst

Due Diligence Officer

Documentation Specialist

Property Rights Specialist

Loan Officer

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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