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Contract Of Real Estate Mortgage Template for Hong Kong

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Key Requirements PROMPT example:

Contract Of Real Estate Mortgage

"I need a Contract of Real Estate Mortgage for a residential property in Hong Kong's New Territories, with a loan amount of HKD 5 million and standard bank mortgage terms, to be executed by March 2025."

Document background
The Contract of Real Estate Mortgage is a crucial document in Hong Kong's property financing landscape, used when a property owner (mortgagor) pledges their real estate as security for a loan from a financial institution (mortgagee). This document is essential for both residential and commercial property transactions in Hong Kong, complying with local property laws including the Conveyancing and Property Ordinance (Cap. 219) and the Land Registration Ordinance (Cap. 128). The contract details the security arrangement, specifies the secured obligations, outlines the parties' rights and responsibilities, and includes enforcement provisions. It must be properly executed and registered with the Hong Kong Land Registry to create valid security. The document is typically prepared by legal professionals and requires careful consideration of Hong Kong's property regulations, banking requirements, and security enforcement mechanisms.
Suggested Sections

1. Parties: Identification of the mortgagor (property owner) and mortgagee (lender), including full legal names, addresses, and registration numbers for corporate entities

2. Background: Context of the mortgage agreement, including reference to the underlying loan agreement and property purchase if applicable

3. Definitions: Definitions of key terms used throughout the document, including 'Property', 'Mortgage', 'Secured Obligations', and 'Events of Default'

4. Property Details: Full legal description of the mortgaged property, including lot number, address, and registration particulars

5. Creation of Security: Legal provisions creating the mortgage and charging the property as security

6. Secured Obligations: Definition and scope of the obligations secured by the mortgage, including principal, interest, and other secured amounts

7. Representations and Warranties: Mortgagor's declarations regarding property ownership, authority to mortgage, and absence of encumbrances

8. Covenants: Mortgagor's obligations including property maintenance, insurance, payment of rates and taxes, and restrictions on dealing with the property

9. Events of Default: Circumstances constituting default and triggering enforcement rights

10. Enforcement Rights: Mortgagee's rights and remedies upon default, including power of sale and appointment of receiver

11. Costs and Expenses: Allocation of costs related to preparation, execution, and enforcement of the mortgage

12. Notices: Requirements for giving valid notices under the mortgage

13. Assignment and Transfer: Provisions regarding the mortgagee's right to assign or transfer the mortgage

14. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and submission to Hong Kong courts

Optional Sections

1. Multiple Properties: Additional provisions for mortgages covering multiple properties, including cross-collateralization provisions

2. Property Management: Specific provisions for properties subject to management agreements or tenant leases

3. Construction Provisions: Special provisions for properties under construction or development

4. Government Lease Conditions: Special provisions for properties subject to specific government lease conditions

5. Foreign Currency Provisions: Additional provisions for mortgages securing foreign currency loans

6. Guarantor Provisions: Provisions relating to any guarantors of the mortgage obligations

7. Subordination Provisions: Provisions dealing with priority of security interests where multiple mortgages exist

Suggested Schedules

1. Property Schedule: Detailed property description including boundary plans and government lease particulars

2. Secured Obligations Schedule: Details of the loan agreement and other secured obligations

3. Insurance Requirements: Specific requirements for property insurance coverage

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

5. Existing Tenancies: Details of any existing tenancy agreements affecting the property

6. Special Conditions: Any special conditions or restrictions affecting the property

7. Powers of Attorney: Forms of power of attorney granted to the mortgagee

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

Real Estate

Financial Services

Property Development

Construction

Legal Services

Insurance

Property Management

Mortgage Broking

Relevant Teams

Legal

Credit Risk

Real Estate

Compliance

Property Finance

Mortgage Operations

Documentation

Security

Valuations

Client Relations

Relevant Roles

Legal Counsel

Property Lawyer

Mortgage Officer

Credit Risk Manager

Real Estate Manager

Compliance Officer

Property Finance Manager

Banking Relationship Manager

Legal Documentation Specialist

Property Valuation Officer

Mortgage Underwriter

Real Estate Transaction Manager

Security Documentation Officer

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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