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Third Party Mortgage Agreement Template for Canada

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Key Requirements PROMPT example:

Third Party Mortgage Agreement

"I need a Third Party Mortgage Agreement where my company (ABC Manufacturing Ltd.) will be the borrower, with my parent's residential property in Ontario serving as security for a $500,000 loan from FirstBank, with the mortgage term starting March 1, 2025."

Document background
The Third Party Mortgage Agreement is a crucial document in Canadian real estate financing where one party's property is used to secure another party's debt obligations. This arrangement is commonly used in family situations, business relationships, or corporate structures where the borrower and property owner are different entities. The agreement must comply with federal legislation such as the Bank Act and Interest Act, as well as provincial property and consumer protection laws. It includes essential elements such as property details, payment terms, security arrangements, and parties' obligations. This document is particularly important in scenarios involving corporate guarantees, family property arrangements, or business expansion where separate legal entities are involved in the borrowing and security arrangement.
Suggested Sections

1. Parties: Identifies and defines all parties: Lender, Borrower (Third Party), and Property Owner

2. Background: Explains the context of the agreement, including the relationship between the Third Party and the Property Owner

3. Definitions: Defines key terms used throughout the agreement

4. The Secured Obligations: Details the debt or obligations being secured by the mortgage

5. Grant of Mortgage: Legal language creating the mortgage charge on the property

6. Property Description: Legal description and details of the mortgaged property

7. Payment Terms: Specifies payment amounts, frequency, and terms

8. Interest Rate and Calculation: Details of interest rate, calculation method, and compound periods

9. Third Party Covenants: Specific promises and obligations of the third party borrower

10. Property Owner Covenants: Obligations and promises of the property owner regarding property maintenance and use

11. Default Events: Circumstances constituting default and consequences

12. Lender's Remedies: Rights and remedies available to the lender upon default

13. Property Insurance Requirements: Required insurance coverage and terms

14. Representations and Warranties: Statements of fact by the borrower and property owner

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

Optional Sections

1. Prepayment Privileges: Terms for early payment or mortgage discharge, included when prepayment is allowed

2. Rental Provisions: Included when the property may be rented, specifying conditions and requirements

3. Assignment and Transfer: Include when the mortgage may be assignable by either party

4. Priority Arrangements: Required when there are multiple charges on the property

5. Environmental Warranties: Include for commercial properties or when environmental concerns exist

6. Construction Provisions: Include when property is under construction or renovation

7. Guarantor Provisions: Include when additional guarantors are party to the agreement

8. Cross-Default Provisions: Include when there are related agreements that could trigger default

9. Property Management: Include for commercial properties requiring specific management arrangements

Suggested Schedules

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

2. Schedule B - Payment Schedule: Detailed amortization schedule and payment terms

3. Schedule C - Permitted Encumbrances: List of allowed existing charges or encumbrances on the property

4. Schedule D - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts

5. Schedule E - Property Maintenance Standards: Specific requirements for property maintenance and upkeep

6. Appendix 1 - Property Condition Report: Current condition assessment of the property

7. Appendix 2 - Related Party Agreements: Copies or summaries of relevant agreements between parties

8. Appendix 3 - Property Tax Assessment: Current property tax assessment and payment status

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 and Financial Services

Real Estate

Property Development

Commercial Property

Residential Property

Legal Services

Insurance

Property Management

Construction and Development

Investment and Private Equity

Relevant Teams

Legal

Real Estate

Mortgage Services

Risk Management

Compliance

Credit Administration

Commercial Banking

Property Management

Investment Services

Document Management

Relevant Roles

Mortgage Specialist

Real Estate Lawyer

Property Manager

Financial Advisor

Commercial Banking Officer

Real Estate Agent

Mortgage Broker

Legal Counsel

Risk Manager

Compliance Officer

Credit Manager

Property Developer

Investment Manager

Real Estate Investment Advisor

Banking Relationship 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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