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Mortgage Affidavit Template for Singapore

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Key Requirements PROMPT example:

Mortgage Affidavit

"Need a Mortgage Affidavit for a Singapore private residential property purchase, where the mortgagor is a foreign national and CPF funds will be used, with completion expected by March 2025."

Document background
A Mortgage Affidavit is a crucial document in Singapore's property financing system, required when establishing or modifying mortgage arrangements. This sworn statement provides essential declarations about property ownership, financial obligations, and compliance with local regulations. The document must be executed in accordance with Singapore law, particularly the Mortgage and Charges Registration Act and Land Titles Act. Mortgage Affidavits are commonly used during property purchases, refinancing, or when making material changes to existing mortgage arrangements. They serve as official records and may be required by financial institutions, government agencies, or land authorities.
Suggested Sections

1. Deponent Information: Personal details of person making the affidavit including name, NRIC/Passport number, address and occupation

2. Property Details: Full description of mortgaged property including address, lot number, strata title details, and land area

3. Mortgage Details: Information about the mortgage arrangement including lender details, loan amount, and mortgage terms

4. Declaration of Truth: Formal declaration that all statements made in the affidavit are true and accurate to the best of deponent's knowledge

5. Execution Block: Signature section with commissioner for oaths attestation, including date and place of execution

Optional Sections

1. CPF Usage Declaration: Required section declaring details of CPF funds used for property purchase and compliance with CPF Board requirements

2. Foreign Ownership Declaration: Additional declarations required for foreign property owners under the Residential Property Act

3. HDB Compliance Statement: Specific declarations regarding compliance with HDB rules and regulations for HDB properties

Suggested Schedules

1. Schedule 1 - Property Title Documents: Certified copies of property ownership documents including title deeds or lease documents

2. Schedule 2 - Identity Documents: Certified copies of deponent's identification documents including NRIC or passport

3. Schedule 3 - Mortgage Agreement: Copy of the referenced mortgage agreement or facility letter

4. Schedule 4 - Property Valuation Report: Professional valuation report of the mortgaged property if required by the mortgage provider

Authors

Alex Denne

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

Relevant legal definitions




























Clauses






















Industries

Mortgage and Charges Registration Act (Cap 189): Primary legislation governing the registration of mortgages and charges in Singapore, ensuring legal recognition and enforcement of security interests

Land Titles Act (Cap 157): Fundamental legislation dealing with land ownership, registration of titles, and dealings in registered land including mortgages

Housing and Development Act: Governs public housing (HDB) properties and related mortgage matters, including eligibility and restrictions for HDB property mortgages

Residential Property Act: Regulates foreign ownership of residential properties and related mortgage considerations in Singapore

Conveyancing and Law of Property Act (Cap 61): Deals with property transactions, including mortgage provisions and legal requirements for property conveyancing

Supreme Court of Judicature Act: Provides framework for court jurisdiction in mortgage-related disputes and enforcement actions

Oaths and Declarations Act: Governs the proper execution and requirements for affidavits and statutory declarations in Singapore

Banking Act: Regulates banking institutions and mortgage financing, including lending restrictions and requirements

MAS Guidelines: Monetary Authority of Singapore's regulatory guidelines affecting mortgage lending practices and requirements

Central Provident Fund (CPF) Act: Governs the use of CPF funds for property purchases and mortgage payments, including withdrawal limits and requirements

Commissioner for Oaths Regulations: Specifies requirements for proper attestation and verification of mortgage affidavits by authorized persons

Stamp Duties Act: Regulates stamp duty obligations related to mortgage documents and property transactions

Singapore Land Authority Requirements: Specific documentation and registration requirements for mortgages with the national land registry

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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