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Family Mortgage Agreement Template for England and Wales

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Key Requirements PROMPT example:

Family Mortgage Agreement

"I need a Family Mortgage Agreement for a £250,000 loan from my parents to purchase my first home, with monthly repayments over 20 years and my sister acting as guarantor, to be completed by March 2025."

Document background
The Family Mortgage Agreement is designed for situations where family members wish to provide financial assistance for property purchase through a formal lending arrangement. This document, governed by English and Welsh law, combines elements of traditional mortgage agreements with specific provisions for family lending relationships. It includes crucial details about the loan amount, interest rates, repayment terms, and security arrangements, while ensuring compliance with the Law of Property Act 1925 and relevant financial regulations. The agreement is particularly valuable for families seeking to help younger members onto the property ladder while protecting all parties' interests through formal legal documentation.
Suggested Sections

1. Parties: Details of lender, borrower, and any guarantors

2. Background: Context of the family mortgage arrangement

3. Definitions: Key terms used throughout the agreement

4. Loan Details: Amount, term, interest rate, and repayment terms

5. Security: Details of the property and charge

6. Borrower's Covenants: Obligations of the borrower

7. Events of Default: Circumstances constituting default

8. Remedies: Lender's rights upon default

Optional Sections

1. Guarantor Provisions: Terms applicable when family members act as guarantors - use when family members provide additional security

2. Insurance Requirements: Specific insurance obligations - use when specific insurance requirements exist

3. Early Repayment Terms: Conditions for early loan settlement - use when early repayment options are offered

Suggested Schedules

1. Property Schedule: Detailed description of mortgaged property

2. Payment Schedule: Repayment amounts and dates

3. Special Conditions: Any specific terms applicable to the family arrangement

4. Form of Notice: Standard forms for various notices under the agreement

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

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Industries

Law of Property Act 1925: Primary legislation governing the creation and transfer of interests in land, including requirements for mortgages and charges.

Financial Services and Markets Act 2000: Regulates financial services and markets, establishing requirements for regulated mortgage activities.

Consumer Credit Act 1974: Protects consumers in credit agreements and may apply if the family mortgage arrangement involves consumer credit aspects.

Land Registration Act 2002: Sets out requirements for registration of mortgages and determines priority of mortgages in land registration.

FCA Mortgage Conduct of Business Rules (MCOB): Regulatory framework that governs mortgage lending and administration, ensuring fair treatment of customers.

Consumer Rights Act 2015: Ensures fairness in consumer contracts and provides protection against unfair terms in mortgage agreements.

Human Rights Act 1998: Protects right to respect for home and family life, and ensures protection of property rights.

Unfair Contract Terms Act 1977: Controls unfair terms in contracts with specific focus on consumer protection in contractual relationships.

Money Laundering Regulations 2017: Establishes due diligence requirements and identity verification procedures for mortgage transactions.

Data Protection Act 2018 & UK GDPR: Governs the protection of personal data and privacy requirements in mortgage arrangements and documentation.

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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