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Mortgage Loan Contract for Saudi Arabia

Mortgage Loan Contract Template for Saudi Arabia

A comprehensive legal agreement governed by Saudi Arabian law that establishes the terms and conditions for a Shariah-compliant mortgage loan facility. This document combines elements of both financing and security documentation, complying with Saudi Central Bank (SAMA) regulations and Islamic banking principles. It details the loan amount, profit rate, repayment terms, and creates a security interest over the specified real estate property. The agreement incorporates mandatory consumer protection provisions, enforcement mechanisms, and specific requirements for mortgage registration under Saudi law.

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What is a Mortgage Loan Contract?

The Mortgage Loan Contract is a fundamental document in Saudi Arabian real estate financing, used when a financial institution provides Shariah-compliant property financing to individuals or businesses. This document is essential for any property purchase or refinancing transaction in Saudi Arabia where a loan is secured against real estate. The contract must comply with the Real Estate Finance Law, SAMA regulations, and Islamic banking principles, making it distinct from conventional mortgages in other jurisdictions. It includes specific provisions for profit calculation instead of interest, mandatory regulatory disclosures, and special enforcement mechanisms aligned with Saudi law. The document is typically used by banks, finance companies, and real estate financing firms operating in Saudi Arabia, requiring careful consideration of both regulatory compliance and Shariah principles.

What sections should be included in a Mortgage Loan Contract?

1. Parties: Identification of the lender (financial institution) and borrower(s), including full legal names and details

2. Background: Context of the agreement, including property details and purpose of the loan

3. Definitions: Key terms used throughout the agreement, including financial and technical terms

4. Facility Details: Specific details of the loan including amount, purpose, and tenure

5. Property Details: Comprehensive description of the mortgaged property and its ownership status

6. Shariah Compliance Declaration: Statement confirming the agreement's compliance with Islamic law principles

7. Payment Terms: Details of repayment schedule, profit rate, and payment mechanisms

8. Security and Mortgage: Terms creating and governing the mortgage over the property

9. Borrower's Representations and Warranties: Statements of fact and promises made by the borrower

10. Borrower's Covenants: Ongoing obligations of the borrower during the loan term

11. Events of Default: Circumstances constituting default and consequences

12. Enforcement Rights: Lender's rights and remedies in case of default

13. Insurance Requirements: Mandatory insurance coverage for the property

14. Costs and Expenses: Allocation of fees, charges, and expenses

15. Notices: Communication procedures between parties

16. Governing Law and Jurisdiction: Confirmation of Saudi law application and dispute resolution procedures

What sections are optional to include in a Mortgage Loan Contract?

1. Co-Borrower Provisions: Additional terms when there are multiple borrowers

2. Guarantor Provisions: Terms applicable when a third-party guarantor is involved

3. Property Under Construction: Special provisions for financing properties under construction

4. Early Payment Provisions: Terms governing early repayment options and calculations

5. Assignment and Transfer: Terms allowing transfer of rights, particularly relevant for securitization

6. Special Purpose Vehicle: Required when property is held through an SPV structure

7. Foreign Currency Provisions: Required when loan or payments involve foreign currency

What schedules should be included in a Mortgage Loan Contract?

1. Property Schedule: Detailed legal description of the property including title details

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

3. Fees Schedule: Comprehensive list of all applicable fees and charges

4. Insurance Requirements: Detailed specifications for required insurance coverage

5. Form of Promissory Note: Standard form of promissory note required by Saudi law

6. Property Valuation Report: Summary of the official property valuation

7. Required Documents: List of documents required for mortgage registration

8. SAMA Disclosures: Mandatory disclosures required by Saudi Central Bank regulations

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

Banking & Financial Services

Real Estate

Islamic Finance

Construction

Insurance

Legal Services

Property Development

Mortgage Finance

Housing Development

Financial Technology

Relevant Teams

Legal

Credit

Compliance

Risk Management

Real Estate Finance

Islamic Banking

Operations

Documentation

Underwriting

Property Services

Customer Relations

Product Development

Relevant Roles

Legal Counsel

Mortgage Officer

Credit Manager

Shariah Compliance Officer

Real Estate Finance Manager

Risk Manager

Compliance Officer

Property Valuation Specialist

Relationship Manager

Credit Analyst

Documentation Specialist

Islamic Banking Specialist

Mortgage Underwriter

Chief Legal Officer

Real Estate Portfolio 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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