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Mortgage Modification Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Mortgage Modification Agreement

"I need a Mortgage Modification Agreement for HSBC Hong Kong to extend our existing mortgage repayment period by 5 years and reduce the interest rate from 4.5% to 3.8%, effective March 1, 2025, with all other original mortgage terms remaining unchanged."

Document background
The Mortgage Modification Agreement is a crucial document used in Hong Kong when parties need to alter the terms of an existing mortgage without creating an entirely new mortgage agreement. It's commonly used during debt restructuring, when borrowers face financial hardship, or when market conditions warrant adjustment of loan terms. The document must comply with Hong Kong's strict property and banking regulations, including requirements from the Hong Kong Monetary Authority and the Land Registry. The agreement typically includes details of the original mortgage, specific modifications being made, and confirmations that other terms remain unchanged. It requires proper execution by all parties and must be registered with the Land Registry to maintain priority and enforceability of the security interest.
Suggested Sections

1. Parties: Identifies the mortgagor (borrower), mortgagee (lender), and any guarantors to the agreement

2. Background: Recites details of the original mortgage, property information, and circumstances leading to modification

3. Definitions: Defines key terms used in the agreement, including references to original mortgage terms

4. Original Mortgage Reference: Specific details of the original mortgage including date, registration particulars, and property details

5. Modifications: Clear statement of all modifications to the original mortgage terms

6. Confirmation of Other Terms: Confirms that all other terms of the original mortgage remain unchanged

7. Effective Date: Specifies when the modifications take effect

8. Representations and Warranties: Statements by parties confirming their authority and capacity to enter into the modification

9. Registration and Stamp Duty: Provisions regarding registration requirements and responsibility for stamp duty

10. Governing Law and Jurisdiction: Confirms Hong Kong law governs the agreement

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Additional Security: Include when modification involves additional security or guarantees

2. Fees and Costs: Include when there are specific arrangements for modification-related costs

3. Consents: Include when third-party consents are required for the modification

4. Release of Existing Guarantors: Include when existing guarantors are being released

5. New Payment Terms: Include when modification involves changes to payment schedule or amounts

6. Insurance Requirements: Include when modification affects insurance obligations

7. Default Provisions: Include when modifying events of default or remedies

8. Conditions Precedent: Include when modification is subject to certain conditions being met

Suggested Schedules

1. Schedule 1 - Original Mortgage: Copy or extract of relevant parts of original mortgage agreement

2. Schedule 2 - Property Details: Updated property description and title particulars

3. Schedule 3 - Modified Terms: Detailed list of specific terms being modified

4. Schedule 4 - Payment Schedule: New payment terms and amortization schedule if applicable

5. Schedule 5 - Required Consents: Copies of third-party consents or regulatory approvals

6. Appendix A - Supporting Documents: List of all supporting documents referenced in the modification

7. Appendix B - Execution Requirements: Specific requirements for execution and witnessing

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 & Financial Services

Real Estate

Property Development

Mortgage Lending

Legal Services

Property Management

Financial Advisory

Insurance

Relevant Teams

Legal

Credit Risk

Mortgage Operations

Compliance

Real Estate Finance

Banking Operations

Property Services

Documentation

Client Relations

Loan Administration

Relevant Roles

Legal Counsel

Mortgage Officer

Credit Risk Manager

Property Lawyer

Banking Relationship Manager

Compliance Officer

Real Estate Manager

Loan Officer

Credit Analyst

Property Finance Manager

Mortgage Broker

Company Secretary

Documentation Manager

Legal Director

Banking Operations Manager

Industries






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