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Mortgage Loan Agreement for Singapore

Mortgage Loan Agreement Template for Singapore

A legally binding agreement governed by Singapore law that establishes the terms and conditions under which a lender provides a mortgage loan to a borrower, secured against real property. The agreement complies with MAS guidelines, including TDSR and LTV requirements, and incorporates provisions under the Banking Act and Conveyancing and Law of Property Act. It details loan amount, interest rates, repayment terms, security arrangements, and default provisions.

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What is a Mortgage Loan Agreement?

The Mortgage Loan Agreement is a fundamental document in Singapore's property financing landscape, used when individuals or entities seek to purchase real estate with borrowed funds. This agreement, governed by Singapore law and MAS regulations, establishes the legal framework for the loan, including security interests, repayment obligations, and enforcement rights. It must comply with strict regulatory requirements including TDSR and LTV limits, and typically involves detailed provisions for property valuation, insurance, and default scenarios. The agreement is essential for both residential and commercial property transactions in Singapore.

What sections should be included in a Mortgage Loan Agreement?

1. Parties: Details of the lender and borrower(s), including their full legal names, registration numbers (if companies), and addresses

2. Background: Context of the loan and property purchase, including the purpose of the loan and brief description of the property

3. Definitions: Key terms used throughout the agreement, including financial terms, property-related definitions, and regulatory references

4. Loan Details: Principal amount, interest rate, term, and repayment schedule, including compliance with MAS guidelines on TDSR and LTV limits

5. Security: Details of the mortgage and property being used as security, including the legal charge over the property

6. Borrower's Covenants: Obligations and promises of the borrower, including property maintenance, payment obligations, and compliance with laws

7. Events of Default: Circumstances constituting default and consequences, including missed payments, breach of covenants, and insolvency events

8. Lender's Rights and Remedies: Actions available to lender upon default, including power of sale, appointment of receivers, and acceleration rights

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

1. Insurance Requirements: Property and mortgage insurance requirements, including minimum coverage amounts and named insured parties

2. Prepayment Provisions: Terms for early repayment, including any prepayment penalties or notice requirements

3. Guarantor Provisions: Terms relating to guarantors, including their obligations and the extent of their liability

4. Property Development Conditions: Special conditions for properties under construction, including stage payments and completion requirements

What schedules should be included in a Mortgage Loan Agreement?

1. Property Schedule: Detailed description of the mortgaged property, including title details and encumbrances

2. Repayment Schedule: Detailed payment schedule including principal and interest calculations

3. Fee Schedule: List of applicable fees and charges, including processing fees, late payment fees, and administrative charges

4. Insurance Schedule: Details of required insurance coverage, including types of insurance and minimum coverage amounts

5. Standard Terms and Conditions: Bank's standard mortgage terms and conditions as required by Singapore banking 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

Singapore

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions













































Clauses



































Industries

Banking Act (Cap. 19): Primary legislation that regulates banking business and lending activities in Singapore, setting requirements for banks and financial institutions

Moneylenders Act (Cap. 188): Regulates moneylending activities and applies to non-bank lenders, establishing licensing requirements and lending restrictions

Conveyancing and Law of Property Act (Cap. 61): Governs property transactions and mortgages, defining legal requirements for creating and enforcing mortgages in Singapore

Housing and Development Act (Cap. 129): Contains specific rules for HDB properties and restrictions on mortgage financing for public housing in Singapore

MAS Guidelines - Notice 632: Regulatory guidelines from Monetary Authority of Singapore covering residential property loans, including TDSR framework, LTV limits, and MSR requirements

Consumer Protection (Fair Trading) Act: Ensures fair practices in consumer transactions and protects borrowers' rights in lending agreements

Personal Data Protection Act 2012: Governs the handling of borrower's personal information and data privacy requirements in loan agreements

Bankruptcy Act (Cap. 20): Contains provisions relating to default and insolvency, defining creditor's rights and remedies in case of borrower default

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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