Create a bespoke document in minutes, or upload and review your own.
Get your first 2 documents free
Your data doesn't train Genie's AI
You keep IP ownership of your information
Mortgage Agreement
I need a mortgage agreement for a residential property purchase in Auckland, with a fixed interest rate for the first 5 years, a 30-year loan term, and options for early repayment without penalties. The agreement should also include clauses for property insurance and maintenance responsibilities.
What is a Mortgage Agreement?
A Mortgage Agreement is a legal contract between a lender and borrower that creates a security interest over property in New Zealand. When you take out a home loan, this agreement gives your bank or financial institution the right to claim your property if you stop making payments.
The agreement spells out key details like interest rates, payment schedules, and default conditions under NZ's Property Law Act 2007. It also outlines your obligations as the borrower, including maintaining insurance and keeping the property in good condition. Once registered with Land Information New Zealand (LINZ), the mortgage appears on your property's title until you've fully repaid the loan.
When should you use a Mortgage Agreement?
You need a Mortgage Agreement when buying property in New Zealand using bank financing or when refinancing an existing home loan. Most commonly, first-home buyers use these agreements to secure their initial property purchase, while property investors rely on them for expanding their portfolios.
The agreement becomes essential during major life events like upgrading to a larger home, investing in rental properties, or accessing your home's equity for renovations. Lenders require this document before releasing funds, and it must be properly registered with LINZ to protect both parties' interests. Timing is crucial - having the agreement ready helps avoid delays in settlement and ensures compliance with the Property Law Act.
What are the different types of Mortgage Agreement?
- Home Loan Agreement: Standard residential mortgage for owner-occupiers, featuring basic repayment terms and security provisions.
- Mortgage Assumption Agreement: Allows a buyer to take over the seller's existing mortgage terms and obligations.
- Mortgage Principal Agreement: Comprehensive agreement for larger loans, often used for commercial properties.
- Mortgage Broker Agreement In Principle: Pre-approval document outlining preliminary loan terms through a broker.
- Mortgage Lease Agreement: Combines mortgage and lease terms for rent-to-own arrangements.
Who should typically use a Mortgage Agreement?
- Banks and Financial Institutions: Create and issue the Mortgage Agreement, set loan terms, and hold security interest over the property
- Property Buyers: Sign as borrowers, take on repayment obligations, and pledge their property as security
- Lawyers: Review agreements, advise clients, and handle registration with LINZ
- Mortgage Brokers: Negotiate terms between lenders and borrowers, assist with application process
- Property Valuers: Provide independent valuations required for loan approval
- Insurance Companies: Provide required property insurance coverage specified in agreements
How do you write a Mortgage Agreement?
- Property Details: Gather title reference, property address, and current registered owners from LINZ records
- Loan Information: Document loan amount, interest rate, term length, and repayment schedule
- Party Information: Collect full legal names, addresses, and contact details of all borrowers and guarantors
- Security Details: List any additional security or collateral being offered
- Insurance Requirements: Specify required property insurance coverage and provider details
- Special Conditions: Note any unique terms, early repayment options, or specific borrower obligations
- Documentation Check: Our platform ensures all essential elements meet NZ legal requirements and bank standards
What should be included in a Mortgage Agreement?
- Parties' Details: Full legal names, addresses, and roles of lender and borrower(s)
- Property Description: Legal title reference, physical address, and property boundaries
- Loan Terms: Principal amount, interest rate, payment schedule, and loan duration
- Security Provisions: Details of the property being mortgaged and any additional security
- Default Conditions: Circumstances constituting default and lender's remedies
- Insurance Requirements: Mandatory property insurance specifications
- Early Repayment Terms: Conditions and fees for early loan discharge
- Execution Block: Signature requirements under Property Law Act 2007
What's the difference between a Mortgage Agreement and an Asset Purchase Agreement?
A Mortgage Agreement differs significantly from an Asset Purchase Agreement in several key ways, though both deal with property transactions. While a Mortgage Agreement creates a security interest over property to secure a loan, an Asset Purchase Agreement handles the outright sale and transfer of property or business assets.
- Purpose: Mortgage Agreements secure loans against property, while Asset Purchase Agreements transfer ownership completely
- Duration: Mortgages typically last 15-30 years, but Asset Purchase Agreements complete once settlement occurs
- Parties Involved: Mortgages involve lenders and borrowers; Asset Purchase deals with buyers and sellers directly
- Legal Effect: Mortgages create an ongoing security interest; Asset Purchase transfers full legal title immediately
- Financial Structure: Mortgages involve regular repayments; Asset Purchase usually involves a one-time payment
Download our whitepaper on the future of AI in Legal
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
Our bank-grade security infrastructure undergoes regular external audits
We are ISO27001 certified, so your data is secure
Organizational security
You retain IP ownership of your documents
You have full control over your data and who gets to see it
Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a £1 million research project on privacy and anonymity in legal contracts
Want to know more?
Visit our for more details and real-time security updates.
Read our Privacy Policy.