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Home Loan Agreement for Philippines

Home Loan Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions under which a financial institution provides a loan to an individual or entity for the purpose of purchasing, constructing, or renovating residential property. The agreement complies with Philippine banking regulations, including the Truth in Lending Act and Consumer Act, and details loan amount, interest rates, repayment terms, security arrangements, borrower obligations, and default provisions. It incorporates mandatory consumer protections and disclosure requirements specific to Philippine jurisdiction while establishing the mortgage over the property as security.

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What is a Home Loan Agreement?

The Home Loan Agreement serves as the primary legal document for residential property financing in the Philippines, used when individuals or entities seek to borrow funds for home purchase, construction, or renovation. This agreement, governed by Philippine law, must comply with several key regulations including the Truth in Lending Act (RA 3765), General Banking Law (RA 8791), and Consumer Act of the Philippines (RA 7394). It details crucial elements such as loan amount, interest calculations, repayment schedules, and security arrangements, while incorporating mandatory consumer protections and disclosure requirements. The document establishes the mortgage over the property, outlines the rights and obligations of all parties, and provides mechanisms for handling default scenarios, making it essential for both lenders and borrowers in residential property transactions.

What sections should be included in a Home Loan Agreement?

1. Parties: Identifies the lender (financial institution) and borrower(s), including their complete legal names, addresses, and tax identification numbers

2. Background: Explains the context of the loan agreement, including the borrower's request for financing and the lender's agreement to provide it

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Loan Amount and Purpose: Specifies the principal amount of the loan and confirms it will be used for home purchase/construction/renovation

5. Interest Rate and Charges: Details the interest rate (fixed or variable), calculation method, and other applicable fees and charges

6. Term and Repayment: Specifies the loan duration and repayment schedule, including payment amounts, dates, and methods

7. Security and Mortgage: Details the property being mortgaged as security, including its legal description and documentation

8. Conditions Precedent: Lists conditions that must be satisfied before the loan is disbursed

9. Representations and Warranties: States the borrower's declarations regarding their legal capacity, property ownership, and financial status

10. Borrower's Covenants: Lists the borrower's ongoing obligations, including property maintenance and insurance requirements

11. Events of Default: Defines circumstances constituting default and their consequences

12. Lender's Rights and Remedies: Outlines the lender's rights in case of default, including foreclosure procedures

13. General Provisions: Contains standard clauses on notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Home Loan Agreement?

1. Guarantor Provisions: Required when there is a guarantor for the loan, detailing their obligations and liabilities

2. Construction Provisions: Included when the loan is for home construction, detailing disbursement schedules and construction requirements

3. Insurance Requirements: Detailed section on insurance when the lender requires specific types of coverage beyond standard requirements

4. Prepayment Terms: Detailed terms for early repayment when the lender allows prepayment with specific conditions

5. Co-Borrower Provisions: Required when there are multiple borrowers, detailing joint and several liability

6. Property Development Restrictions: Included for properties in development areas or with specific zoning requirements

7. Special Payment Arrangements: Used when there are non-standard payment arrangements like grace periods or step-up payments

What schedules should be included in a Home Loan Agreement?

1. Schedule 1 - Property Details: Detailed legal description of the mortgaged property, including boundaries and technical specifications

2. Schedule 2 - Payment Schedule: Amortization table showing breakdown of principal and interest payments over the loan term

3. Schedule 3 - Fees and Charges: Comprehensive list of all applicable fees, charges, and their computation methods

4. Schedule 4 - Insurance Requirements: Detailed specifications of required insurance coverage and terms

5. Schedule 5 - Document Checklist: List of required documents for loan processing and disbursement

6. Appendix A - Loan Application Form: Copy of the completed and signed loan application form

7. Appendix B - Property Valuation Report: Professional appraisal report of the mortgaged property

8. Appendix C - Title Documents: Copies of property title and other relevant property documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions












































Clauses






























Relevant Industries

Banking

Real Estate

Financial Services

Insurance

Construction

Property Development

Legal Services

Mortgage Services

Relevant Teams

Legal

Compliance

Credit Risk

Mortgage Operations

Document Management

Customer Service

Collections

Underwriting

Property Valuation

Account Management

Relevant Roles

Loan Officer

Mortgage Specialist

Credit Analyst

Legal Counsel

Compliance Officer

Risk Manager

Property Appraiser

Banking Operations Manager

Relationship Manager

Document Controller

Credit Risk Officer

Branch Manager

Underwriter

Collections Manager

Property 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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