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Mortgage Loan Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Loan Agreement

"I need a Mortgage Loan Agreement for a commercial property purchase worth $2.5 million, with a 15-year term and quarterly payment schedule, including construction provisions as we plan to renovate the property starting March 2025."

Document background
The Mortgage Loan Agreement serves as the primary document in real estate financing transactions in the United States, establishing the legal framework for both residential and commercial property loans. This agreement outlines crucial elements including the loan terms, security interest, borrower obligations, and lender rights. The document must comply with both federal regulations (such as TILA, RESPA, and ECOA) and state-specific requirements. A properly structured Mortgage Loan Agreement protects both lender and borrower interests while ensuring regulatory compliance across all relevant jurisdictions.
Suggested Sections

1. Parties: Identifies lender and borrower with full legal names and addresses

2. Background: Explains context of the loan and property being mortgaged

3. Definitions: Key terms used throughout the agreement

4. Loan Details: Principal amount, interest rate, term, and payment schedule

5. Security Interest: Description of property and creation of security interest

6. Borrower's Covenants: Obligations regarding property maintenance, insurance, and taxes

7. Default Provisions: Events of default and remedies

8. Representations and Warranties: Statements of fact by borrower

Optional Sections

1. Prepayment Provisions: Terms for early loan repayment when prepayment penalties apply

2. Environmental Provisions: Environmental requirements and warranties for commercial properties or high-value residential

3. Construction Provisions: Requirements for property improvements in construction loans

Suggested Schedules

1. Property Description Schedule: Legal description of mortgaged property

2. Payment Schedule: Detailed amortization schedule

3. Insurance Requirements Schedule: Specific insurance coverage requirements

4. Required Disclosures: State and federal mandated disclosure forms

5. Truth in Lending Disclosure: Federal TILA disclosure statement

Authors

Alex Denne

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

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Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law requiring disclosure of key credit terms, regulating advertising of credit terms, and providing right of rescission in mortgage transactions

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring specific disclosures, regulating escrow accounts, and prohibiting kickbacks and referral fees

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices and requiring lenders to notify applicants of action taken on their applications

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions based on protected characteristics

Home Mortgage Disclosure Act (HMDA): Federal law establishing requirements for mortgage lending data collection and reporting

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal law establishing ability-to-repay requirements and Qualified Mortgage standards for mortgage lending

State Usury Laws: State-specific laws regulating maximum interest rates and loan charges that can be assessed on mortgage loans

State Disclosure Requirements: State-specific laws mandating particular disclosures that must be made during the mortgage lending process

State Foreclosure Laws: State-specific regulations governing the foreclosure process and borrower rights in default situations

Recording Requirements: State and local requirements for recording mortgage documents and related real estate transactions

CFPB Guidelines: Regulatory guidelines issued by the Consumer Financial Protection Bureau governing mortgage lending practices

FHA Requirements: Federal Housing Administration specific requirements for FHA-insured mortgage loans

State Banking Regulations: State-specific rules governing banking and lending institutions' mortgage operations

Local Property Laws: Municipal and county-level regulations affecting real estate transactions and property rights

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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