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Mortgage Loan Sale Agreement Template for Singapore

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Key Requirements PROMPT example:

Mortgage Loan Sale Agreement

"I need a Mortgage Loan Sale Agreement for the transfer of a portfolio of 50 residential mortgage loans from ABC Bank to XYZ Investment Fund, with completion scheduled for March 2025, where the portfolio includes both private properties and HDB flats in Singapore."

Document background
The Mortgage Loan Sale Agreement is a crucial document used in Singapore when financial institutions wish to transfer mortgage loan portfolios, whether for portfolio management, regulatory compliance, or strategic purposes. The agreement must comply with Singapore's Banking Act, MAS guidelines, and property laws, particularly when dealing with HDB properties. It typically includes detailed schedules of the loan portfolio, warranties about the loans' status, and mechanisms for transferring security interests. This document is essential for secondary market transactions in Singapore's mortgage sector.
Suggested Sections

1. Parties: Identification of seller and purchaser of the mortgage loans

2. Background: Context of the sale and existing mortgage arrangements

3. Definitions: Key terms used throughout the agreement

4. Sale and Purchase: Core terms of the mortgage loan sale

5. Purchase Price: Consideration and payment terms

6. Completion: Transfer process and completion requirements

7. Representations and Warranties: Seller's warranties regarding the mortgage loans

8. Governing Law and Jurisdiction: Application of Singapore law and dispute resolution

Optional Sections

1. Data Protection: Provisions for handling and transfer of personal data between parties, required when personal data transfer is involved

2. HDB Compliance: Special provisions and requirements for HDB properties, required when portfolio includes HDB properties

3. Foreign Ownership Provisions: Compliance requirements with Residential Property Act for foreign buyers

Suggested Schedules

1. Schedule 1 - Mortgage Loan Portfolio: Detailed list of mortgage loans being sold

2. Schedule 2 - Form of Transfer Deed: Template for individual loan transfers

3. Schedule 3 - Seller's Warranties: Detailed warranties regarding the mortgage loans

4. Schedule 4 - Completion Requirements: Detailed completion checklist and requirements

5. Schedule 5 - Property Details: Details of properties securing the mortgage loans

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


































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Industries

Banking Act (Cap. 19): Primary legislation that regulates banking business and mortgage financing in Singapore. Contains key provisions on credit facilities and security requirements for mortgage loans.

Conveyancing and Law of Property Act (Cap. 61): Governs property transactions and mortgage matters in Singapore, including fundamental provisions about mortgage rights and obligations between parties.

Housing and Development Act (Cap. 129): Specific legislation governing HDB properties, including special requirements and restrictions for HDB mortgages and their transferability.

Residential Property Act (Cap. 274): Legislation governing restrictions on foreign ownership of residential property and affects mortgage transferability in such cases.

MAS Notice 632: Monetary Authority of Singapore guidelines on residential property loans, including loan-to-value ratios and Total Debt Servicing Ratio (TDSR) framework requirements.

Personal Data Protection Act 2012: Legislation governing the handling and transfer of borrower personal information in mortgage transactions.

Consumer Protection (Fair Trading) Act: Legislation ensuring fair dealing provisions and protection of borrower interests in financial transactions including mortgages.

Moneylenders Act: Relevant for certain lending entities, containing restrictions on loan terms and lending practices.

Registration of Deeds Act: Specifies requirements for the proper registration and recording of mortgage assignments and transfers.

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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