The Refinance Agreement is utilized when a borrower seeks to modify their existing loan terms, typically to secure better interest rates, adjust payment terms, or access equity. This document, governed by U.S. federal and state laws, establishes the new lending relationship while terminating or modifying the previous loan agreement. The Refinance Agreement includes crucial information about loan terms, security arrangements, borrower obligations, and required disclosures, ensuring compliance with TILA, RESPA, and other applicable regulations. It's particularly important in real estate financing but can also be used for other types of loans.
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1. Parties: Identification and details of the lender and borrower
2. Background: Details of the original loan agreement and reasons for refinancing
3. Definitions: Key terms and their meanings used throughout the agreement
4. Loan Terms: Principal amount, interest rate, payment schedule, and maturity date of the refinanced loan
5. Security: Description of collateral and security arrangements securing the refinanced loan
6. Representations and Warranties: Statements of fact by borrower regarding their financial situation and ability to repay
7. Covenants: Ongoing obligations of the borrower during the term of the refinanced loan
8. Events of Default: Circumstances constituting default and available remedies
9. Governing Law: Jurisdiction and applicable law governing the agreement
1. Insurance Requirements: Specific insurance obligations for secured property or other assets
2. Prepayment Provisions: Terms and conditions for early repayment of the refinanced loan
3. Tax Provisions: Specific tax-related obligations and arrangements
4. Assignment and Transfer: Terms governing the transfer or assignment of the loan
1. Schedule A - Payment Schedule: Detailed amortization schedule for the refinanced loan
2. Schedule B - Property Description: Detailed description of any secured property
3. Schedule C - Original Loan Documents: Copies or references to original loan agreement being refinanced
4. Schedule D - Truth in Lending Disclosure: Required federal disclosures under TILA
5. Schedule E - Fee Schedule: Breakdown of all fees and charges associated with the refinancing
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