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Contract Of Real Estate Mortgage

Contract Of Real Estate Mortgage Template for England and Wales

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Key Requirements PROMPT example:

Contract Of Real Estate Mortgage

"I need a Contract of Real Estate Mortgage for a commercial property purchase in Manchester, where the borrower is a retail company taking a £2.5M loan, with specific provisions for future development rights and environmental compliance requirements."

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Document background
A Contract of Real Estate Mortgage is essential in property financing transactions under English and Welsh law. It is used when a borrower needs to secure financing using real property as collateral, whether for residential purchases, commercial development, or refinancing existing debt. The document establishes the lender's security interest, sets out the parties' rights and obligations, and provides remedies in case of default. It must comply with strict legal requirements including the Law of Property Act 1925, Land Registration Act 2002, and relevant financial services regulations. The contract typically includes detailed provisions about the property, payment terms, borrower covenants, and enforcement rights.
Suggested Sections

1. Parties: Identifies the mortgagor (borrower) and mortgagee (lender)

2. Background: Sets out the context of the mortgage agreement and property details

3. Definitions: Defines key terms used throughout the document

4. The Charge: Details of the legal charge over the property

5. Secured Obligations: Specifies the debt and other obligations secured by the mortgage

6. Covenants: Borrower's promises regarding property maintenance, insurance, and payments

7. Events of Default: Circumstances that trigger default and lender's enforcement rights

8. Enforcement Rights: Lender's rights upon default, including power of sale

Optional Sections

1. Further Advances: Optional provisions for additional borrowing when the facility allows for additional borrowing

2. Environmental Matters: Environmental warranties and indemnities for commercial properties or where environmental risks exist

3. Planning and Development: Provisions relating to future development when property development is contemplated

Suggested Schedules

1. Property Description Schedule: Detailed description of the mortgaged property including title information

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

3. Insurance Requirements: Detailed insurance obligations and requirements

4. Property Management Provisions: Detailed requirements for property maintenance and management

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries
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Law of Property Act 1925: Fundamental legislation governing real property in England and Wales. Defines legal estates and interests in land and sets out requirements for mortgages.

Financial Services and Markets Act 2000 (FSMA): Regulates financial services and mortgage lending. Sets requirements for authorized lenders.

Land Registration Act 2002: Governs the registration of land and charges, including specific requirements for registration of mortgages.

Consumer Credit Act 1974: Protects consumers in credit transactions and applies to regulated mortgage contracts.

Mortgage Credit Directive Order 2015: Implements EU mortgage credit rules and consumer protection requirements in UK law.

FCA Mortgage Conduct of Business Rules (MCOB): Detailed rules for mortgage lenders including disclosure requirements and fair treatment of customers.

Land Registration Rules 2003: Detailed regulations governing the practical aspects of land registration in England and Wales.

Unfair Contract Terms Act 1977: Controls unfair terms in contracts and sets out which terms can be challenged for unfairness.

Consumer Rights Act 2015: Consolidates consumer protection legislation and provides rights for consumers in contracts.

Financial Services (Distance Marketing) Regulations 2004: Regulates the distance selling of financial services, including mortgages sold online or by phone.

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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