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Mortgage Agreement Form

Mortgage Agreement Form Template for Malaysia

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Key Requirements PROMPT example:

Mortgage Agreement Form

"I need a Mortgage Agreement Form for a residential property in Kuala Lumpur, incorporating Islamic financing principles and multiple guarantors, to be executed by March 2025."

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Document background
The Mortgage Agreement Form is a crucial legal document used in Malaysian property financing transactions, structured in compliance with the National Land Code 1965 and related legislation. This document is essential when a borrower seeks financing for property purchase or wishes to use existing property as collateral for a loan. The agreement details all aspects of the mortgage relationship, including property details, loan terms, security creation, borrower obligations, and lender's rights. It can be customized for various scenarios including residential or commercial properties, conventional or Islamic financing, and single or multiple borrowers. The document must be properly executed and registered with the relevant Land Registry to create a valid charge over the property, providing security for the lender while protecting the borrower's interests through clear documentation of all terms and conditions.
Suggested Sections

1. Parties: Identifies the lender (bank/financial institution), borrower(s), and any guarantors with their full legal names and details

2. Background: Recitals explaining the context of the mortgage, including property purchase and loan approval

3. Definitions: Defines key terms used throughout the agreement, including technical and financial terms

4. Facility Details: Specifies loan amount, interest rate, tenure, and payment terms

5. Property Details: Complete legal description of the mortgaged property including title details

6. Security Creation: Creates the legal charge over the property under the National Land Code

7. Borrower's Covenants: Borrower's obligations including payment, property maintenance, and insurance

8. Lender's Rights: Bank's rights including inspection, assignment, and enforcement

9. Events of Default: Circumstances constituting default and consequences

10. Insurance: Requirements for property insurance and mortgage reducing term assurance

11. Representations and Warranties: Borrower's declarations regarding their capacity and property status

12. Payment Provisions: Detailed payment terms, methods, and allocation of payments

13. Enforcement and Remedies: Lender's rights and procedures in case of default

14. Notices: Requirements for valid notices between parties

15. General Provisions: Standard clauses including governing law, amendments, and severability

16. Execution: Formal signing section meeting legal requirements

Optional Sections

1. Islamic Banking Provisions: Required when the mortgage follows Shariah principles, including specific Islamic financing structures

2. Guarantee: Include when there are guarantors for the mortgage

3. Assignment of Rental: When the mortgaged property is or may be rented out

4. Construction Provisions: For properties under construction, including progressive payment terms

5. Supplemental Security: When additional collateral or security is provided

6. Government Scheme Provisions: For mortgages under special government housing schemes

7. Foreign Currency Provisions: When loan is provided in foreign currency or borrower's income is foreign-sourced

8. Multiple Owners Provisions: When property has multiple owners or borrowers

Suggested Schedules

1. Property Schedule: Detailed property description, including lot number, title details, and encumbrances

2. Payment Schedule: Loan amortization table showing monthly payments, principal, and interest breakdown

3. Facility Terms Schedule: Detailed terms of the loan including fees, charges, and interest calculation method

4. Insurance Schedule: Details of required insurance coverage and terms

5. Special Conditions Schedule: Any special terms or conditions specific to the particular mortgage

6. Execution Requirements: Specific requirements for document execution and attestation

7. Standard Terms and Conditions: Bank's standard terms and conditions for mortgages

8. Security Documents Checklist: List of all security and supporting documents required

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




















































Clauses










































Relevant Industries

Banking & Financial Services

Real Estate

Legal Services

Insurance

Construction & Development

Property Management

Islamic Finance

Residential Property

Commercial Property

Public Housing

Relevant Teams

Legal

Mortgage Operations

Credit Risk

Compliance

Property Valuation

Documentation

Islamic Banking

Customer Service

Credit Assessment

Property Services

Loan Processing

Quality Control

Relevant Roles

Mortgage Officer

Bank Manager

Legal Counsel

Property Lawyer

Compliance Officer

Credit Risk Manager

Real Estate Agent

Property Developer

Financial Advisor

Islamic Banking Specialist

Loan Officer

Conveyancing Executive

Credit Assessment Officer

Property Valuation Officer

Documentation Specialist

Branch Manager

Housing Loan Executive

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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