The Mortgage Loan Form is a crucial legal instrument used in Philippine real estate financing transactions that creates a security interest in real property while establishing the terms of the underlying loan. This document is essential when individuals or entities seek financing for property acquisition, development, or refinancing in the Philippines. It must comply with strict regulatory requirements, including those from the Bangko Sentral ng Pilipinas, the Truth in Lending Act, and the Civil Code of the Philippines. The form includes comprehensive details about the loan terms, property description, borrower obligations, lender rights, and mandatory disclosures. It serves as both a loan agreement and a security instrument, ensuring the lender's interests are protected while providing borrowers with clear terms and statutory protections under Philippine law.
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1. Parties: Identification of the Lender (Mortgagee) and Borrower (Mortgagor) with complete details as required by BSP regulations
2. Background: Context of the loan application and purpose, including property details and loan request background
3. Definitions: Key terms used throughout the agreement, including technical banking and real estate terminology
4. Loan Amount and Purpose: Specified loan amount, purpose, and terms of disbursement
5. Interest Rate and Fees: Detailed breakdown of interest rates, computation method, and all applicable fees as required by Truth in Lending Act
6. Repayment Terms: Payment schedule, installment amounts, and payment methods
7. Security and Mortgage Details: Description of the mortgaged property and terms of the mortgage security
8. Representations and Warranties: Declarations by the borrower regarding their capacity, property ownership, and other material facts
9. Covenants: Ongoing obligations of the borrower including property maintenance, insurance, and financial covenants
10. Events of Default: Circumstances constituting default and consequences thereof
11. Remedies: Lender's rights and remedies in case of default, including foreclosure procedures
12. Insurance Requirements: Mandatory insurance coverage for the mortgaged property
13. Governing Law and Jurisdiction: Specification of Philippine law governance and jurisdiction for disputes
14. Execution: Signature blocks and notarization requirements
1. Guarantor Provisions: Include when there is a third-party guarantor for the loan
2. Construction Provisions: Include when the loan is for construction purposes with specific disbursement schedules
3. Environmental Compliance: Include for commercial properties or when environmental risks are present
4. Co-Borrower Terms: Include when there are multiple borrowers for the same loan
5. Property Development Conditions: Include when the property is part of a development project
6. Foreign Currency Provisions: Include when the loan has foreign currency components or when the borrower has foreign income
7. Electronic Banking Terms: Include when automatic payment systems or electronic banking facilities are used
1. Schedule A - Property Details: Detailed technical description of the mortgaged property, including boundaries and certificates of title
2. Schedule B - Payment Schedule: Amortization table showing complete breakdown of payments
3. Schedule C - Fees and Charges: Comprehensive list of all fees, charges, and penalties as required by Truth in Lending Act
4. Schedule D - Insurance Requirements: Detailed insurance requirements including coverage types and amounts
5. Schedule E - Required Documents: List of all required documents for loan processing and mortgage registration
6. Appendix 1 - Truth in Lending Act Disclosure: Mandatory disclosure statement as required by RA 3765
7. Appendix 2 - Property Appraisal Report: Independent appraisal report of the mortgaged property
8. Appendix 3 - Tax Declarations: Current tax declarations and receipts for the mortgaged property
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