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Mortgage Extension Agreement Template for Australia

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Key Requirements PROMPT example:

Mortgage Extension Agreement

"I need a Mortgage Extension Agreement for a residential property loan that's expiring in March 2025, extending it for an additional 5 years with the same interest rate and payment terms, between Australia's First Bank Ltd and the existing borrowers."

Document background
A Mortgage Extension Agreement is utilized when parties to an existing mortgage wish to extend its term beyond the original maturity date. This document type is particularly relevant in the Australian lending landscape, where it must comply with federal legislation such as the National Consumer Credit Protection Act and state-specific property laws. It's commonly used when borrowers require additional time to repay their mortgage, prefer to maintain their existing loan structure, or wish to avoid the costs and complexity of refinancing. The agreement typically includes details of the original mortgage, the extended term, any modified conditions, confirmations of existing security, and updated borrower warranties. It serves as an addendum to the original mortgage, maintaining the security while modifying the repayment timeline.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the lender, borrower(s), and any continuing guarantors

2. Background: Recitals establishing the existence of the original mortgage, its registration details, and the parties' intention to extend the term

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles, including references to original mortgage definitions

4. Extension of Mortgage: Core clause specifying the new maturity date and confirming the extension of the existing mortgage

5. Confirmation of Existing Terms: Affirms that all other terms and conditions of the original mortgage remain in full force and effect

6. Representations and Warranties: Updated borrower confirmations regarding their financial position and ability to perform

7. Conditions Precedent: Lists requirements that must be satisfied before the extension takes effect

8. Costs and Expenses: Specifies responsibility for costs associated with the extension

9. Governing Law and Jurisdiction: Specifies the applicable Australian state law and jurisdiction

10. Execution: Formal execution blocks for all parties including any required witness statements

Optional Sections

1. Modified Payment Terms: Include when the payment schedule or amounts are being modified as part of the extension

2. Interest Rate Variation: Include when the interest rate terms are being modified

3. Additional Security: Include when new security is being added as part of the extension

4. Guarantor Acknowledgment: Include when existing guarantors need to acknowledge and consent to the extension

5. Insurance Requirements: Include when insurance requirements are being modified

6. Default Interest: Include when default interest provisions are being modified

7. Early Repayment: Include when early repayment terms are being modified

Suggested Schedules

1. Schedule 1 - Original Mortgage Details: Details of the original mortgage including registration number and date

2. Schedule 2 - Property Description: Legal description of the mortgaged property

3. Schedule 3 - Payment Schedule: Updated amortization schedule showing new payment dates and amounts

4. Schedule 4 - Modified Terms: Detailed listing of any terms being modified from the original mortgage

5. Appendix A - Compliance Certificate: Form of certificate confirming satisfaction of conditions precedent

6. Appendix B - Required Notices: Copies of any required statutory notices under the National Credit Code

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



































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Relevant Industries

Banking & Financial Services

Real Estate

Legal Services

Property Development

Mortgage Broking

Financial Advisory

Property Investment

Relevant Teams

Legal

Mortgage Administration

Credit Risk

Compliance

Property Finance

Loan Operations

Documentation

Commercial Banking

Retail Banking

Risk Management

Relevant Roles

Mortgage Officer

Legal Counsel

Property Lawyer

Banking Officer

Credit Manager

Loan Officer

Compliance Officer

Risk Manager

Mortgage Broker

Property Finance Manager

Banking Relationship Manager

Legal Documentation Specialist

Conveyancer

Credit Risk Officer

Industries








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