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Property Mortgage Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Property Mortgage Agreement

"I need a Property Mortgage Agreement for a commercial building in Dubai Marina, with a conventional mortgage structure for AED 15 million, to be executed by March 2025, including specific provisions for multiple tenant arrangements and property management obligations."

Document background
A Property Mortgage Agreement is a crucial document in UAE real estate financing, used when a property owner seeks to secure financing against their real estate assets. The agreement must comply with UAE Federal Laws, including the Civil Code and Central Bank regulations, as well as specific emirate-level property laws. It can be structured either as a conventional mortgage or an Islamic finance arrangement, common in the UAE market. The document typically includes detailed provisions about the property, the secured obligations, enforcement mechanisms, and registration requirements. Property Mortgage Agreements in the UAE require registration with relevant land departments and must consider local property regulations, which can vary between emirates, particularly in Dubai and Abu Dhabi.
Suggested Sections

1. Parties: Identification of the Mortgagor (property owner), Mortgagee (lending institution), and any guarantors

2. Background: Context of the mortgage agreement, including reference to the underlying facility or loan agreement

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Secured Obligations, and Security Period

4. Grant of Mortgage: Core section establishing the mortgage over the property, including the specific rights being granted to the mortgagee

5. Property Details: Detailed description of the mortgaged property, including title details and registration information

6. Secured Obligations: Definition and scope of the obligations secured by the mortgage, including principal, interest, and other secured amounts

7. Representations and Warranties: Mortgagor's confirmations regarding property ownership, authority to mortgage, and absence of encumbrances

8. Covenants: Ongoing obligations of the Mortgagor regarding property maintenance, insurance, and payment of taxes/fees

9. Insurance: Requirements for property insurance, beneficiary arrangements, and claims procedures

10. Events of Default: Circumstances constituting default and triggering enforcement rights

11. Enforcement: Mortgagee's rights and procedures upon default, including power of sale

12. Registration: Requirements and procedures for registering the mortgage with relevant authorities

13. Costs and Expenses: Allocation of costs related to mortgage creation, registration, and enforcement

14. Notices: Process and requirements for formal communications between parties

15. Governing Law and Jurisdiction: Confirmation of UAE law application and jurisdiction of UAE courts

Optional Sections

1. Shariah Compliance: Required for Islamic mortgages, confirming compliance with Islamic financing principles

2. Property Management: Required when specific property management arrangements are needed, especially for commercial properties

3. Assignment and Transfer: Include when transfer rights need to be specifically addressed

4. Further Assurance: Include when additional documentation or actions may be required post-execution

5. Power of Attorney: Include when specific powers need to be granted to the mortgagee

6. Guarantee Provisions: Required when there are third-party guarantors

7. Multiple Properties: Required when the mortgage covers more than one property

8. Valuation: Include when specific valuation requirements and procedures need to be addressed

Suggested Schedules

1. Property Schedule: Detailed property description, including plot number, area, location, and title details

2. Form of Notice: Standard forms for various notices required under the agreement

3. Insurance Requirements: Detailed insurance requirements and minimum coverage specifications

4. Facility Details: Summary of the underlying facility or loan agreement terms

5. Registration Requirements: Specific requirements for different emirates' registration procedures

6. Power of Attorney: Form of power of attorney to be granted to the mortgagee

7. Property Documents: List of title documents and other property-related documentation

8. Fee Schedule: Breakdown of applicable fees and charges

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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 & Property

Islamic Finance

Construction & Development

Legal Services

Insurance

Property Management

Mortgage Broking

Property Investment

Relevant Teams

Legal

Real Estate

Credit Risk

Compliance

Islamic Banking

Property Services

Mortgage Operations

Documentation

Corporate Banking

Risk Management

Property Registration

Facilities Management

Relevant Roles

Legal Counsel

Property Lawyer

Mortgage Officer

Real Estate Manager

Credit Risk Manager

Compliance Officer

Islamic Finance Specialist

Property Valuation Officer

Bank Manager

Real Estate Director

Mortgage Broker

Property Registration Officer

Documentation Manager

Legal Director

Chief Legal Officer

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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