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Mortgage Purchase Agreement for Saudi Arabia

Mortgage Purchase Agreement Template for Saudi Arabia

A comprehensive legal document governed by Saudi Arabian law that facilitates the transfer of mortgage rights and obligations from one party to another. This agreement must comply with both Saudi civil law and Islamic Sharia principles, particularly regarding the prohibition of interest (Riba). The document outlines the terms and conditions of the mortgage purchase, including the transfer price, payment mechanisms, representations and warranties, and compliance requirements with Saudi Arabian Monetary Authority (SAMA) regulations. It includes specific provisions for Sharia compliance and incorporates necessary safeguards for all parties involved in the transaction.

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What is a Mortgage Purchase Agreement?

The Mortgage Purchase Agreement is essential for financial institutions and investors operating in Saudi Arabia's real estate finance market. This document is typically used when a financial institution wishes to sell its mortgage portfolio or when investors seek to acquire mortgage assets. The agreement must strictly comply with Saudi Arabian regulations and Sharia law principles, making it distinct from conventional mortgage purchases in non-Islamic jurisdictions. It includes detailed provisions for the transfer of rights, obligations, and securities associated with the mortgage, while ensuring all aspects of the transaction remain Sharia-compliant. The document is particularly relevant in the context of Saudi Arabia's growing secondary mortgage market and the government's initiatives to increase home ownership and develop the real estate financing sector.

What sections should be included in a Mortgage Purchase Agreement?

1. Parties: Identification of all parties to the agreement including the seller, purchaser, and any relevant financial institutions

2. Background: Context of the transaction and brief description of the mortgage purchase arrangement

3. Definitions: Detailed definitions of terms used throughout the agreement, including Islamic finance terminology

4. Subject Matter of Sale: Detailed description of the mortgage being purchased, including all relevant property details

5. Purchase Price and Payment Terms: Structure of the purchase price, payment schedule, and compliance with Sharia principles

6. Conditions Precedent: Prerequisites that must be satisfied before the agreement becomes effective

7. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity, authority, and the mortgage's status

8. Transfer and Assignment: Terms governing the transfer of the mortgage and related rights from seller to purchaser

9. Compliance with Sharia: Specific provisions ensuring the transaction complies with Islamic law principles

10. Covenants: Ongoing obligations of both parties throughout the term of the agreement

11. Default and Remedies: Consequences of breach and available remedies for both parties

12. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for disputes

13. Notices: Process and requirements for formal communications between parties

14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

What sections are optional to include in a Mortgage Purchase Agreement?

1. Third Party Rights: Required when there are third-party beneficiaries or guarantors involved in the transaction

2. Security Enhancement: Included when additional security or collateral is provided beyond the basic mortgage

3. Regulatory Compliance: Detailed section needed when the transaction involves regulated financial institutions or special regulatory requirements

4. Agency Provisions: Required when any party is acting through an agent or representative

5. Islamic Insurance (Takaful): Included when specific insurance arrangements are part of the transaction

6. Early Payment Provisions: Optional section detailing terms for early settlement or prepayment of the mortgage

What schedules should be included in a Mortgage Purchase Agreement?

1. Property Details: Comprehensive description of the property including title information, location, and specifications

2. Payment Schedule: Detailed breakdown of payment terms, amounts, and dates

3. Existing Mortgage Documentation: Copies or details of the original mortgage agreement and related documents

4. Required Consents: List of all required regulatory and third-party consents

5. Form of Transfer Deed: Template for the legal transfer of the mortgage rights

6. Due Diligence Documents: List of all documents reviewed and confirmed during due diligence

7. Compliance Certificates: Copies of relevant Sharia compliance certificates and regulatory approvals

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

Property Development

Mortgage Services

Investment Management

Legal Services

Financial Technology

Relevant Teams

Legal

Finance

Real Estate

Risk Management

Sharia Compliance

Investment

Treasury

Operations

Regulatory Compliance

Portfolio Management

Relevant Roles

Chief Financial Officer

Legal Counsel

Sharia Compliance Officer

Real Estate Finance Manager

Investment Manager

Risk Management Officer

Portfolio Manager

Mortgage Operations Manager

Treasury Manager

Commercial Banking Director

Islamic Banking Specialist

Property Finance Manager

Regulatory Compliance 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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