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Contract Of Loan With Real Estate Mortgage for Saudi Arabia

Contract Of Loan With Real Estate Mortgage Template for Saudi Arabia

This document is a comprehensive legal agreement governed by Saudi Arabian law that combines a loan facility with a real estate mortgage security. It is structured to comply with both Sharia principles and Saudi Arabian regulatory requirements, including the Real Estate Mortgage Law and SAMA regulations. The agreement details the terms of the financing, the specifics of the mortgaged property, repayment obligations, and enforcement mechanisms, while ensuring adherence to Islamic finance principles that prohibit conventional interest-based lending. The document includes necessary provisions for property registration, mortgage enforcement, and dispute resolution under Saudi jurisdiction.

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Contract Of Loan With Real Estate Mortgage

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What is a Contract Of Loan With Real Estate Mortgage?

The Contract of Loan With Real Estate Mortgage is a crucial legal instrument in Saudi Arabian secured financing transactions. This document is essential when providing Sharia-compliant financing secured against real estate assets in Saudi Arabia. It serves multiple purposes: establishing the financing relationship between the parties, creating a valid security interest over the real estate, and ensuring compliance with both Sharia principles and Saudi regulatory requirements. The document is commonly used by financial institutions, real estate developers, and individual property investors when substantial financing is required with real estate collateral. The agreement must comply with the Real Estate Mortgage Law, SAMA regulations, and other relevant Saudi Arabian legislation while maintaining Sharia compliance throughout its terms.

What sections should be included in a Contract Of Loan With Real Estate Mortgage?

1. Parties: Identification of the Lender and Borrower with full legal names, addresses, and registration details

2. Background: Context of the loan agreement, confirmation of Sharia compliance, and brief description of the mortgaged property

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, purpose, and confirmation of Sharia-compliant financing structure

5. Terms of Repayment: Repayment schedule, payment methods, and profit rate (avoiding interest terminology for Sharia compliance)

6. Description of Mortgaged Property: Detailed description of the real estate being mortgaged, including title details and registration information

7. Mortgage Terms: Terms of the mortgage, including the rights and obligations of both parties regarding the mortgaged property

8. Representations and Warranties: Statements of fact and assurances from the Borrower regarding their capacity and the property's status

9. Borrower's Covenants: Ongoing obligations of the Borrower regarding property maintenance, insurance, and compliance with laws

10. Events of Default: Circumstances constituting default and consequences thereof

11. Enforcement Rights: Lender's rights and procedures for enforcing the mortgage in case of default

12. Notices: Methods and addresses for formal communications between parties

13. Governing Law and Jurisdiction: Confirmation of Saudi law application and jurisdiction of Saudi courts

What sections are optional to include in a Contract Of Loan With Real Estate Mortgage?

1. Islamic Insurance (Takaful): Required when the property needs to be insured under Islamic insurance principles

2. Property Management: Include when specific requirements for property management during the mortgage period are needed

3. Co-borrowers: Include when there are multiple borrowers or guarantors

4. Early Repayment: Terms for early repayment if allowed under the specific financing structure

5. Assignment and Transfer: Include if the lender wishes to reserve rights to assign or transfer the loan

6. Further Advances: Include if additional financing may be provided under the same security

7. Cross-Default: Include when the loan is part of a larger financing arrangement

8. Power of Attorney: Include when specific powers need to be granted to the lender for registration or enforcement

What schedules should be included in a Contract Of Loan With Real Estate Mortgage?

1. Property Details Schedule: Detailed technical description of the mortgaged property, including boundaries, title deed numbers, and plans

2. Payment Schedule: Detailed repayment schedule showing all payment dates and amounts

3. Profit Rate Calculation: Methodology for calculating the Sharia-compliant profit rate

4. Form of Notice: Standard forms for various notices under the agreement

5. Property Valuation Report: Professional valuation of the mortgaged property

6. Required Insurance Coverage: Details of required Takaful (Islamic insurance) coverage

7. Property Title Documents: Copies of relevant title documents and registration certificates

8. Condition Precedent Documents: List and copies of all required documentation to be provided before loan disbursement

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

Saudi Arabia

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions












































Clauses



































Relevant Industries

Islamic Banking

Commercial Banking

Real Estate

Real Estate Development

Property Investment

Construction

Housing Finance

Commercial Property

Residential Property

Islamic Finance

Relevant Teams

Legal

Real Estate

Credit Risk

Compliance

Islamic Banking

Property Services

Credit Administration

Documentation

Risk Management

Corporate Banking

Relevant Roles

Legal Counsel

Islamic Finance Specialist

Real Estate Manager

Credit Risk Manager

Compliance Officer

Property Valuation Specialist

Relationship Manager

Credit Officer

Mortgage Officer

Chief Legal Officer

Property Registration Officer

Loan Officer

Sharia Compliance Officer

Due Diligence Officer

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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