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Holding Mortgage Agreement Template for England and Wales

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Key Requirements PROMPT example:

Holding Mortgage Agreement

"I need a Holding Mortgage Agreement to secure multiple facilities against a commercial property portfolio in Manchester, with a total facility limit of £20 million and the ability to draw down in phases throughout 2025; the agreement should include specific provisions for property development and multiple lenders."

Document background
The Holding Mortgage Agreement is a sophisticated security instrument used in England and Wales when parties anticipate multiple or future lending arrangements. It enables a lender to hold security over property while allowing flexibility for additional advances without requiring new security documentation each time. This agreement is particularly useful for commercial property financing, development projects, or complex lending arrangements where the borrowing requirements may change over time. The document includes detailed provisions for the security structure, enforcement rights, and borrower obligations, all compliant with English property law and financial services regulations.
Suggested Sections

1. Parties: Identification of mortgagor, mortgagee, and any guarantors

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. The Security: Details of the property and nature of the security interest

5. Covenants: Borrower's obligations regarding the property and payments

6. Events of Default: Circumstances constituting default and consequences

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

Optional Sections

1. Further Advances: Terms for additional borrowing when facility allows for additional borrowing

2. Guarantor Provisions: Obligations and rights of guarantors when guarantee is required

3. Insurance Requirements: Specific insurance obligations when particular insurance requirements exist

Suggested Schedules

1. Property Description: Detailed legal description of the mortgaged property

2. Payment Schedule: Repayment terms and schedule

3. Form of Transfer: Standard form for transferring the mortgage

4. Property Title Documents: Copies of relevant title documents

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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Relevant Industries
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Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales. Key aspects include legal mortgages, charges, property rights, and power of sale provisions.

Land Registration Act 2002: Covers registration requirements for mortgages, priority rules, and electronic conveyancing provisions.

Financial Services and Markets Act 2000: Establishes regulatory framework for mortgage lending and financial promotion rules.

Consumer Credit Act 1974: Governs consumer borrowing aspects, including disclosure requirements and consumer protection provisions for regulated mortgage contracts.

FCA Mortgage Conduct of Business Rules (MCOB): Regulatory requirements covering lending criteria, information disclosure, and fair treatment of customers in mortgage business.

Consumer Protection from Unfair Trading Regulations 2008: Ensures fair marketing practices and transparency requirements in mortgage agreements.

Human Rights Act 1998: Protects right to peaceful enjoyment of property and right to private and family life in context of mortgage agreements.

Unfair Contract Terms Act 1977: Regulates fairness of contract terms and limitations on exclusion clauses in mortgage agreements.

Consumer Rights Act 2015: Ensures fairness and transparency of terms in consumer mortgage contracts.

Financial Services (Distance Marketing) Regulations 2004: Specific requirements for mortgages arranged remotely, including information disclosure and cooling-off periods.

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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