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Mortgage Loan Sale Agreement Template for South Africa

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Key Requirements PROMPT example:

Mortgage Loan Sale Agreement

"I need a Mortgage Loan Sale Agreement for a portfolio of 500 residential mortgage loans being sold from ABC Bank to XYZ Investment Fund, with the seller continuing to act as servicer and completion scheduled for March 2025."

Document background
The Mortgage Loan Sale Agreement is a crucial document used in South African financial markets when a financial institution wishes to sell part or all of its mortgage loan portfolio to another entity. This transaction type is common in portfolio management, capital optimization, or strategic restructuring scenarios. The agreement must comply with South African banking regulations, the National Credit Act, and other relevant legislation, making it particularly complex in the South African context. It typically includes detailed schedules of the loans being sold, warranties about their quality and status, transfer mechanisms, and provisions for notifying borrowers. The document is essential for both bulk loan sales and individual portfolio transfers, requiring careful consideration of consumer protection laws and banking regulations specific to South Africa.
Suggested Sections

1. Parties: Identification of the seller and purchaser of the mortgage loans, including their registration details and addresses

2. Background: Context of the transaction, including the seller's ownership of the mortgage loans and the purchaser's intention to acquire them

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement

4. Sale and Purchase: Core transaction terms including the sale mechanics, purchase price, and effective date of transfer

5. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective

6. Purchase Price and Payment: Detailed terms of the purchase consideration and payment mechanisms

7. Transfer and Delivery: Process and requirements for transferring the mortgage loans and related security

8. Representations and Warranties: Statements of fact and assurances from both parties, particularly regarding the mortgage loans

9. Regulatory Compliance: Commitments to comply with relevant South African legislation including the National Credit Act

10. Seller's Covenants: Ongoing obligations of the seller regarding the mortgage loans

11. Notice to Borrowers: Requirements and process for notifying borrowers of the transfer

12. Indemnities: Protection provisions for both parties against specific risks

13. Confidentiality: Obligations regarding confidential information and data protection

14. Dispute Resolution: Procedures for resolving disputes between the parties

15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Servicing Arrangements: Terms for ongoing servicing of the mortgage loans, used when the seller will continue as servicer

2. Security Agent Provisions: Required when a security agent is appointed to hold security for multiple lenders

3. Step-in Rights: Included when purchaser requires rights to take over servicing under specific circumstances

4. Portfolio Review Rights: Used when purchaser requires rights to review and reject certain loans before completion

5. Data Protection: Detailed section required when personal data processing is extensive

6. Anti-Money Laundering: Detailed provisions required for high-risk transactions or specific regulatory requirements

7. Transfer of Employees: Required when mortgage servicing staff will transfer with the loan portfolio

Suggested Schedules

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

2. Schedule 2 - Loan Documents: List of all documentation relating to each mortgage loan

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

4. Schedule 4 - Property Details: Details of the mortgaged properties securing the loans

5. Schedule 5 - Transfer Procedures: Detailed procedures for implementing the transfer of loans

6. Schedule 6 - Form of Transfer Notice: Template notice to be sent to borrowers

7. Schedule 7 - Eligibility Criteria: Criteria that mortgage loans must meet to be included in the sale

8. Appendix A - Power of Attorney: Form of power of attorney for executing transfer documents

9. Appendix B - Compliance Certificates: Forms of compliance certificates required under the agreement

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






























































Clauses














































Relevant Industries

Banking

Financial Services

Real Estate

Mortgage Lending

Investment Management

Asset Management

Financial Technology

Relevant Teams

Legal

Finance

Risk Management

Compliance

Operations

Credit

Treasury

Mortgage Operations

Portfolio Management

Transaction Management

Due Diligence

Real Estate Finance

Relevant Roles

Chief Financial Officer

Head of Mortgage Operations

Legal Counsel

Risk Manager

Portfolio Manager

Compliance Officer

Credit Manager

Treasury Manager

Operations Director

Transaction Manager

Mortgage Administration Manager

Due Diligence Officer

Finance Director

Real Estate Finance Manager

Industries







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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