The Deed of Sale with Mortgage is a crucial legal instrument used in Philippine real estate transactions where property purchase is financed through a mortgage arrangement. This document is commonly used when buyers require financing to complete a property purchase, combining both the sale and mortgage aspects into a single, comprehensive agreement. It must comply with various Philippine laws including the New Civil Code, Property Registration Decree, and Truth in Lending Act. The document includes detailed property descriptions, sale terms, mortgage conditions, payment schedules, and security provisions. It requires proper execution before a notary public and subsequent registration with the Register of Deeds to be legally effective. This type of deed is particularly important in protecting the rights of all parties by clearly defining their obligations and remedies under both the sale and mortgage aspects of the transaction.
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1. Parties: Identification of the Seller, Buyer/Mortgagor, and Mortgagee (if different from Seller)
2. Background: Context of the transaction, including brief description of the property and purpose of the deed
3. Definitions: Key terms used throughout the document
4. Property Description: Detailed description of the property being sold and mortgaged, including boundaries, title details, and improvements
5. Sale Provisions: Terms of the sale, including purchase price and payment terms
6. Mortgage Details: Terms of the mortgage, including principal amount, interest rate, and payment schedule
7. Representations and Warranties: Declarations by the parties regarding their capacity, property ownership, and authority to enter into the agreement
8. Rights and Obligations: Specific duties and rights of each party under both sale and mortgage aspects
9. Security Provisions: Details of the mortgage security, including registration requirements and enforcement rights
10. Default and Remedies: Consequences of default and available remedies for each party
11. Insurance and Maintenance: Requirements for property insurance and maintenance during the mortgage period
12. Transfer of Rights: Conditions for selling, transferring, or assigning rights under the agreement
13. Execution: Formal execution requirements including notarization provisions
1. Construction Provisions: Required when the property includes unfinished construction or planned improvements
2. Co-Buyer/Co-Mortgagor Provisions: Needed when there are multiple buyers/mortgagors involved
3. Property Management: Required for properties with shared facilities or when specific management arrangements are needed
4. Escrow Arrangements: Used when an escrow agent is involved in handling payments or documents
5. Agricultural Land Provisions: Required when the property is agricultural land subject to special regulations
6. Condominium Provisions: Needed when the property is a condominium unit subject to association rules
1. Property Details Schedule: Detailed technical description of the property, including lot number, boundaries, and technical description
2. Payment Schedule: Detailed breakdown of payment terms, including amortization schedule
3. Title Documents: Copies of relevant title documents and tax declarations
4. Property Insurance Details: Specifications of required insurance coverage
5. Permits and Certificates: Copies of relevant permits, tax clearances, and certificates
6. Property Inspection Report: Detailed report on the current condition of the property
7. Powers of Attorney: If applicable, documents authorizing representatives to act on behalf of any party
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Mortgage Processing
Credit Risk
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Property Manager
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