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Family Mortgage Agreement

Family Mortgage Agreement Template for Netherlands

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Key Requirements PROMPT example:

Family Mortgage Agreement

"I need a Family Mortgage Agreement for a €300,000 loan from parents to their daughter, with a 3% fixed interest rate, secured against a property in Amsterdam, to be executed by March 2025."

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Document background
The Family Mortgage Agreement is a specialized legal document used in the Netherlands when family members choose to arrange mortgage financing within the family rather than through traditional financial institutions. This arrangement has become increasingly popular due to potentially more favorable terms and flexibility in lending conditions. The document must comply with Dutch Civil Code requirements, tax regulations (particularly regarding minimum interest rates for family lending), and property registration laws. A properly structured Family Mortgage Agreement should address all essential elements of the lending arrangement, including loan amount, interest rate, repayment terms, security provisions, and default procedures, while taking into account the specific requirements of Dutch law for family lending arrangements. The agreement must be executed before a Dutch civil law notary and registered with the Land Registry (Kadaster) to establish a valid mortgage right.
Suggested Sections

1. Parties: Identification of the family member providing the mortgage (lender) and the family member receiving it (borrower), including full legal names, addresses, and relationship

2. Background: Context of the family mortgage arrangement, including the purpose of the loan and family relationship context

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

4. Loan Amount and Purpose: Specification of the mortgage amount and intended use of the funds

5. Interest Rate: Details of the applicable interest rate, including whether it's fixed or variable, and compliance with arm's length principles

6. Term and Repayment: Duration of the mortgage and repayment schedule, including payment amounts and frequencies

7. Security: Details of the property serving as security, including registration requirements and ranking of the mortgage

8. Borrower's Representations: Warranties and representations made by the borrower regarding their financial situation and property

9. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and tax payments

10. Default Provisions: Circumstances constituting default and consequences, adapted for family context

11. Tax Considerations: Acknowledgment of tax implications and compliance requirements

12. Notices: How and where formal communications between parties should be made

13. Governing Law: Confirmation of Dutch law as governing law and jurisdiction

Optional Sections

1. Co-borrower Provisions: Required when there is a co-borrower (e.g., spouse) involved in the mortgage

2. Death and Incapacity: Special provisions for handling the mortgage in case of death or incapacity of either party

3. Early Repayment: Terms for early repayment if this option is to be included

4. Interest Rate Review: Procedures for periodic interest rate reviews if not fixed for the entire term

5. Property Letting: Conditions under which the mortgaged property may be rented out

6. Future Family Arrangements: Provisions for handling future family events (marriage, divorce, inheritance)

7. Gift Elements: Required when part of the arrangement includes gift elements (e.g., below-market interest)

8. Third-Party Rights: Required when other family members may have future interests in the property

Suggested Schedules

1. Property Description: Detailed legal description of the mortgaged property

2. Payment Schedule: Detailed amortization schedule showing payment dates and amounts

3. Interest Calculation: Methodology for calculating interest and ensuring compliance with tax requirements

4. Property Valuation: Independent valuation report or agreed property value

5. Insurance Requirements: Detailed specifications for required property insurance

6. Tax Compliance Statement: Statement confirming compliance with Dutch tax requirements for family mortgages

7. Registration Details: Land registry (Kadaster) registration requirements and forms

8. Family Relationship Evidence: Documentation proving the family relationship between parties

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

Real Estate

Financial Services

Legal Services

Banking

Mortgage Lending

Family Law

Property Law

Tax Advisory

Notarial Services

Relevant Teams

Legal

Mortgages

Real Estate

Private Banking

Wealth Management

Risk & Compliance

Tax Advisory

Property Services

Document Management

Client Relations

Relevant Roles

Mortgage Advisor

Legal Counsel

Notary

Tax Advisor

Real Estate Lawyer

Property Lawyer

Financial Advisor

Estate Planner

Wealth Manager

Family Office Manager

Real Estate Agent

Mortgage Broker

Legal Assistant

Compliance Officer

Risk Manager

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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