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Purchase Money Mortgage Agreement Template for Canada

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Key Requirements PROMPT example:

Purchase Money Mortgage Agreement

"I need a Purchase Money Mortgage Agreement for a commercial property in Ontario, where the seller is providing 75% financing over 15 years with quarterly payments starting March 2025, and the property will be used as a manufacturing facility with specific environmental compliance requirements."

Document background
The Purchase Money Mortgage Agreement is a crucial document in Canadian real estate transactions where traditional bank financing is not used, and the property seller provides direct financing to the buyer. This arrangement is common in situations where buyers may not qualify for conventional mortgage financing or when sellers wish to generate ongoing income through interest payments. The agreement must comply with Canadian federal legislation including the Interest Act and Bank Act, as well as provincial property laws and consumer protection regulations. The document typically includes detailed terms about the loan amount, interest rate, payment schedule, security provisions, default remedies, and property maintenance requirements. Purchase Money Mortgage Agreements are particularly important in private sales, commercial real estate transactions, and property development projects where seller financing provides flexibility in deal structuring.
Suggested Sections

1. Parties: Identification of the mortgagor (borrower) and mortgagee (lender), including full legal names and addresses

2. Background: Context of the transaction, including the purchase of the property and the agreement to provide purchase money financing

3. Definitions: Key terms used throughout the agreement, including Property, Principal Amount, Interest Rate, and Payment Terms

4. The Loan: Details of the loan amount, purpose, and disbursement conditions

5. Interest Rate and Payment Terms: Specification of interest rate, calculation method, payment amounts, frequency, and due dates

6. Security: Description of the property being mortgaged and confirmation of the security interest

7. Property Details: Legal description of the property and any included fixtures or improvements

8. Borrower's Covenants: Promises and obligations of the borrower, including property maintenance, insurance, and tax payments

9. Representations and Warranties: Statements of fact by the borrower regarding their ability to enter into the agreement and the status of the property

10. Default and Remedies: Events constituting default and the lender's rights and remedies upon default

11. Insurance Requirements: Specific insurance obligations and requirements for the property

12. Property Taxes: Obligations regarding payment of property taxes and any tax escrow requirements

13. Assignment and Transfer: Terms governing the transfer or assignment of the mortgage by either party

14. Notice Requirements: How and where formal notices must be given between parties

15. General Provisions: Standard contract clauses including governing law, severability, and entire agreement

Optional Sections

1. Guarantor Provisions: Required when there are third-party guarantors for the mortgage obligation

2. Prepayment Privileges: Details of any special prepayment rights or programs offered to the borrower

3. Property Management: Required for commercial properties or when specific management obligations are imposed

4. Environmental Matters: Required for commercial properties or when environmental concerns exist

5. Construction Provisions: Required when the property is under construction or significant renovations are planned

6. Rental Provisions: Required when the property includes rental units or will be used as a rental property

7. Condominium Provisions: Required when the mortgaged property is a condominium unit

8. Future Advances: Required when the mortgage may secure future loans or advances

9. Cross-Collateralization: Required when multiple properties secure the loan or multiple loans are secured by the property

Suggested Schedules

1. Schedule A - Legal Description: Detailed legal description of the mortgaged property

2. Schedule B - Payment Schedule: Amortization schedule showing payment amounts, dates, and allocation between principal and interest

3. Schedule C - Permitted Encumbrances: List of approved existing liens, easements, or other encumbrances on the property

4. Schedule D - Insurance Requirements: Detailed specifications for required insurance coverage

5. Schedule E - Standard Charge Terms: Standard mortgage terms and conditions as required by provincial legislation

6. Appendix 1 - Property Condition Report: Detailed description of the property's condition at the time of mortgage

7. Appendix 2 - Cost of Borrowing Disclosure: Federally required disclosure of all borrowing costs and APR calculations

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

Real Estate

Banking & Financial Services

Insurance

Legal Services

Property Development

Mortgage Lending

Construction

Property Management

Real Estate Investment

Relevant Teams

Legal

Real Estate

Mortgage Operations

Risk Management

Compliance

Credit Analysis

Property Management

Investment

Document Management

Real Estate Operations

Relevant Roles

Real Estate Lawyer

Mortgage Specialist

Property Manager

Real Estate Agent

Financial Advisor

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Real Estate Developer

Investment Manager

Property Developer

Title Officer

Mortgage Underwriter

Real Estate Investment 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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