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Reverse Mortgage Agreement Template for England and Wales

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Key Requirements PROMPT example:

Reverse Mortgage Agreement

"Need a Reverse Mortgage Agreement for a property in Manchester valued at £450,000, where the borrower is a 70-year-old retired teacher looking to release £150,000 equity while maintaining the right to let out a spare room."

Document background
The Reverse Mortgage Agreement is essential for implementing equity release schemes in England and Wales, particularly for homeowners seeking to access their property's value without selling or moving. This contract type is specifically designed for individuals aged 55 and above who own their home and wish to release equity while maintaining residence rights. The agreement covers crucial aspects including loan terms, interest calculations, property maintenance requirements, and repayment conditions. It must align with FCA regulations, the Equity Release Council's requirements, and relevant consumer protection legislation.
Suggested Sections

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

2. Background: Context of the agreement, property details, and purpose of the reverse mortgage

3. Definitions: Key terms used throughout the agreement including financial, legal, and property-related definitions

4. Loan Details: Amount, interest rate, and terms of the reverse mortgage including drawdown provisions

5. Property Security: Details of the property being mortgaged and security arrangements

6. Borrower Obligations: Ongoing responsibilities including property maintenance, insurance, and taxes

7. Repayment Terms: Conditions triggering repayment and method of repayment

Optional Sections

1. Additional Borrower Provisions: Special provisions for cases involving multiple borrowers or joint ownership

2. Care Provisions: Specific terms relating to borrower moving into long-term care facilities

3. Power of Attorney: Provisions for appointed representatives and decision-making authority

Suggested Schedules

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

2. Interest Rate Schedule: Detailed breakdown of interest calculations, variations, and compound interest provisions

3. Insurance Requirements: Comprehensive list of required insurance coverage and minimum terms

4. Early Repayment Schedule: Terms, calculations, and fees associated with early repayment options

5. Property Maintenance Requirements: Detailed specifications for property maintenance obligations and standards

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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Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing the regulatory framework for mortgage products

Consumer Credit Act 1974: Regulates credit agreements and provides consumer protection measures for financial products including mortgages

Mortgage Credit Directive Order 2015: Implements EU regulations on mortgage credit, ensuring standardized information and consumer protection across mortgage products

Law of Property Act 1925: Fundamental legislation governing property rights and transactions in England and Wales, including mortgage security requirements

Consumer Rights Act 2015: Provides key consumer protections and rights, including unfair terms in consumer contracts

FCA Handbook - MCOB: Mortgages and Home Finance: Conduct of Business Sourcebook - Details specific rules for mortgage lenders and administrators

FCA Handbook - CONC: Consumer Credit sourcebook - Contains rules and guidance for consumer credit activities

Equity Release Council Standards: Industry body standards specific to equity release products including reverse mortgages, ensuring consumer protection and product safety

Human Rights Act 1998: Ensures protection of fundamental rights, relevant for fair treatment and non-discrimination in financial services

Equality Act 2010: Protects against age discrimination while allowing for appropriate age-related financial products

Mental Capacity Act 2005: Crucial for assessing capacity of older borrowers to enter into reverse mortgage agreements

Data Protection Act 2018: Governs the handling of personal data in financial services, including UK GDPR requirements

Contract Law Principles: Common law principles governing formation and enforcement of contracts in England and Wales

Property Law Principles: Common law principles regarding property rights, transfers, and security interests

Equity and Trusts Principles: Legal principles governing equitable interests and trust arrangements in property

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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