The House Loan Agreement is a fundamental document in Dutch residential property financing, used when individuals seek to borrow money to purchase residential property in the Netherlands. It serves as the primary contract between a financial institution and a borrower, establishing their respective rights and obligations. The agreement must comply with strict Dutch regulatory requirements, including the Financial Supervision Act (Wft) and the Code of Conduct for Mortgage Loans. It typically includes provisions for property valuation, mandatory insurance, and may incorporate the National Mortgage Guarantee (NHG) scheme for eligible loans. The document is crucial for both parties as it provides security for the lender through mortgage rights (hypotheekrecht) while ensuring consumer protection for the borrower in accordance with Dutch and EU regulations.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the loan agreement, including purpose of the loan and property details
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Principal amount, interest rate, term of the loan, and payment schedule
5. Security: Details of the mortgage right (hypotheekrecht) over the property
6. Representations and Warranties: Statements of fact by the Borrower regarding their financial situation, property ownership, and ability to enter into the agreement
7. Borrower's Obligations: Key obligations including payment, property maintenance, insurance, and taxes
8. Events of Default: Circumstances constituting default and consequences thereof
9. Property Insurance: Requirements for property insurance and assignment of insurance proceeds
10. Early Repayment: Terms and conditions for early repayment, including any penalties
11. Costs and Expenses: Allocation of costs related to the loan and property transfer
12. Notices: How formal communications between parties should be made
13. Assignment and Transfer: Rules regarding transfer of rights under the agreement
14. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. Co-borrower Provisions: Additional terms when there is more than one borrower
2. Construction Provisions: Specific terms for properties under construction or requiring renovation
3. National Mortgage Guarantee: Special provisions when the loan is covered by NHG (Nationale Hypotheek Garantie)
4. Interest Rate Reset: Terms for adjusting interest rates in variable rate loans
5. Bridge Loan Provisions: Additional terms when a bridge loan is included
6. Life Insurance Requirements: Terms regarding mandatory life insurance policies
7. Environmental Provisions: Special terms regarding environmental aspects of the property
1. Payment Schedule: Detailed amortization schedule showing principal and interest payments
2. Property Details: Complete legal description of the property including cadastral details
3. Interest Rate Sheet: Detailed breakdown of interest rate composition and calculations
4. Insurance Requirements: Specific insurance requirements and minimum coverage amounts
5. Fee Schedule: Breakdown of all fees and charges associated with the loan
6. Direct Debit Authorization: Form for authorizing automatic payment withdrawals
7. Property Valuation Report: Summary or reference to the official property valuation
8. Required Documents List: Checklist of all documents required from the borrower
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