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Mortgage Deferral Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Deferral Agreement

"I need a Mortgage Deferral Agreement for a residential property loan where the borrower requests a six-month payment deferral starting March 2025 due to temporary unemployment, with deferred amounts to be paid as a lump sum at the end of the deferral period."

Document background
The Mortgage Deferral Agreement is utilized when borrowers face temporary financial hardship and need to modify their existing mortgage payment obligations. This document is particularly relevant in situations such as economic downturns, natural disasters, or personal financial difficulties. The agreement specifies the terms of payment deferral, including the deferral period, method of repayment, and any modifications to the original mortgage terms. It must comply with both federal and state-specific regulations, including consumer protection laws and banking regulations. The agreement became especially prominent during the COVID-19 pandemic when many homeowners required payment relief.
Suggested Sections

1. Parties: Identification of lender and borrower

2. Background: Details of original mortgage and circumstances leading to deferral

3. Definitions: Key terms used throughout the agreement

4. Deferral Terms: Specific payment amounts and dates being deferred

5. Repayment Plan: How and when deferred amounts will be repaid

6. Effect on Original Mortgage: How this agreement modifies the original mortgage terms

Optional Sections

1. Hardship Declaration: Borrower's statement of financial hardship - used when required by specific programs or regulations

2. Insurance Requirements: Additional insurance requirements during deferral period - used when lender requires additional protection

3. Default Provisions: Consequences of failing to comply with deferral terms - used when not covered in original mortgage

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed breakdown of deferred payments and new payment schedule

2. Schedule B - Original Mortgage: Copy of original mortgage agreement

3. Appendix 1 - Hardship Documentation: Supporting documents for hardship claim

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

Clauses


























Industries

CARES Act: Federal law providing COVID-19 relief measures including mortgage forbearance provisions for federally backed mortgages

Truth in Lending Act (TILA): Federal law requiring clear disclosure of lending terms and costs to protect consumers in credit transactions, including mortgage modifications

Real Estate Settlement Procedures Act (RESPA): Federal law requiring lenders to provide disclosures about real estate settlement costs and prohibiting kickbacks in real estate transactions

Fair Housing Act: Federal law prohibiting discrimination in housing-related transactions, including mortgage modifications, based on protected characteristics

Equal Credit Opportunity Act: Federal law ensuring equal access to credit and prohibiting discrimination in credit transactions based on protected characteristics

Dodd-Frank Act: Comprehensive financial reform law establishing enhanced consumer protections and financial industry regulations

State Foreclosure Laws: State-specific regulations governing the foreclosure process and homeowner protections during mortgage default

State Consumer Protection Laws: State-specific laws protecting consumers from unfair or deceptive practices in financial transactions

State Mortgage Regulations: State-specific rules governing mortgage lending, servicing, and modification practices

CFPB Guidelines: Regulatory guidance from the Consumer Financial Protection Bureau on mortgage servicing and loss mitigation procedures

FHA Requirements: Federal Housing Administration guidelines for modifying FHA-insured mortgages

GSE Guidelines: Fannie Mae and Freddie Mac requirements for handling mortgage modifications on federally backed loans

VA Loan Requirements: Department of Veterans Affairs specifications for modifying VA-guaranteed home loans

Bankruptcy Laws: Federal and state laws affecting mortgage obligations when borrower is in bankruptcy proceedings

State Recording Requirements: State-specific rules for recording mortgage modification documents in public records

Fair Debt Collection Practices Act: Federal law regulating the conduct of debt collectors in mortgage servicing activities

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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