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Forbearance Agreement Mortgage
"Need a Forbearance Agreement Mortgage for a residential property in Ontario, reducing monthly payments by 30% for 6 months starting January 2025, with a balloon payment at the end of the forbearance period."
1. Parties: Identification of the Lender and Borrower(s), including full legal names and addresses
2. Background: Recitals describing the original mortgage, current default status, and parties' intention to enter into forbearance arrangement
3. Definitions: Key terms used throughout the agreement, including 'Forbearance Period', 'Original Mortgage', 'Modified Payment Terms'
4. Acknowledgment of Debt: Borrower's confirmation of the current outstanding mortgage amount and acknowledgment of default
5. Forbearance Terms: Specific terms of the forbearance including duration, modified payment schedule, and conditions
6. Borrower's Covenants: Ongoing obligations of the borrower during the forbearance period
7. Lender's Rights: Preservation of lender's rights under the original mortgage and conditions for terminating forbearance
8. Default Provisions: Consequences of failing to comply with the forbearance terms
9. Representations and Warranties: Current statements of fact by the borrower regarding financial condition and property status
10. General Provisions: Standard clauses including governing law, notices, and amendment procedures
1. Guarantor Provisions: Required when original mortgage includes guarantors who must acknowledge and agree to forbearance terms
2. Additional Security: Used when additional collateral or security is being provided as part of the forbearance arrangement
3. Insurance Requirements: Included when specific insurance obligations are being modified or added
4. Property Management: Required when specific property maintenance or management requirements are part of the forbearance terms
5. Financial Reporting: Used when regular financial updates from the borrower are required during forbearance
6. Sale Provisions: Included when the forbearance includes terms related to potential property sale
7. Third Party Consents: Required when other parties' consents (e.g., second mortgagee) are necessary for the forbearance
1. Schedule A - Property Description: Legal description of the mortgaged property
2. Schedule B - Payment Schedule: Detailed modified payment terms including amounts and due dates
3. Schedule C - Current Mortgage Statement: Detailed statement showing current mortgage balance, arrears, and fees
4. Schedule D - Original Mortgage: Copy or summary of the original mortgage agreement
5. Appendix 1 - Financial Disclosure: Current financial information provided by the borrower
6. Appendix 2 - Compliance Requirements: Detailed list of ongoing compliance requirements during forbearance
Authors
Banking & Financial Services
Real Estate
Legal Services
Mortgage Lending
Property Management
Insurance
Financial Advisory
Debt Recovery & Collections
Legal
Credit Risk
Mortgage Administration
Collections & Recovery
Compliance
Real Estate Operations
Account Management
Risk Assessment
Property Management
Financial Advisory
Loan Operations
Mortgage Officer
Credit Risk Manager
Legal Counsel
Collections Manager
Loan Officer
Real Estate Manager
Credit Administrator
Compliance Officer
Property Manager
Financial Advisor
Debt Restructuring Specialist
Account Manager
Risk Assessment Officer
Banking Operations Manager
Mortgage Underwriter
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