tiktok³ÉÈË°æ

All Countries
Real Estate
Third Party Mortgage Agreement

Third Party Mortgage Agreement Template for New Zealand

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Third Party Mortgage Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Third Party Mortgage Agreement

"I need a Third Party Mortgage Agreement to secure a $2.5M business loan where my parents are offering their Auckland residential property and holiday home as security, with special provisions for them to continue living in the residential property until January 2025."

Celebrated by
Collaborations with
Investors
Document background
The Third Party Mortgage Agreement is a crucial security document used in New Zealand lending arrangements where a person or entity (the mortgagor) provides their property as security for another party's (the borrower's) obligations to a lender. This arrangement is common in family business contexts, corporate group structures, or where business partners provide cross-security. The document must comply with New Zealand's Property Law Act 2007, Land Transfer Act 2017, and related legislation. It contains detailed provisions regarding the security interest, property maintenance obligations, default scenarios, enforcement rights, and discharge conditions. The agreement is particularly important for protecting the lender's interests while ensuring clear documentation of the third-party mortgagor's obligations and rights.
Suggested Sections

1. Parties: Identifies and defines all parties involved: the Mortgagee (lender), the Mortgagor (third party providing security), and the Borrower

2. Background: Explains the context of the mortgage, including the loan arrangement between the Mortgagee and Borrower, and the Mortgagor's agreement to provide security

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. Grant of Security: Details the creation and nature of the mortgage security interest over the property

5. Secured Obligations: Specifies the obligations being secured, including the principal debt, interest, and other secured amounts

6. Mortgagor's Covenants: Sets out the promises and obligations of the third-party mortgagor regarding the property and maintenance of security

7. Representations and Warranties: Contains statements of fact and assurances given by the Mortgagor about their capacity and the property

8. Events of Default: Lists circumstances that constitute default and trigger enforcement rights

9. Enforcement Rights: Details the Mortgagee's rights and powers upon default

10. Protection of Mortgagee: Contains provisions protecting the Mortgagee's interests and limiting liability

11. Costs and Indemnities: Addresses payment of costs and indemnification obligations

12. Discharge of Mortgage: Sets out conditions and process for releasing the mortgage

13. General Provisions: Contains standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Insurance Requirements: Detailed insurance obligations when specific insurance requirements are needed beyond standard property insurance

2. Property Maintenance Standards: Specific maintenance requirements when the property requires special care or is of high value

3. Environmental Matters: Required for properties with potential environmental risks or compliance requirements

4. Cross-Collateralization: Used when multiple properties are being mortgaged as security

5. Guarantees: Required when additional guarantors are providing support beyond the mortgage security

6. Priority Arrangements: Needed when there are multiple security interests or mortgages over the property

7. Property Leasing Provisions: Required when the mortgaged property is or may be leased

8. Development Obligations: Needed when the property is under development or future development is contemplated

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the mortgaged property, including title references

2. Secured Obligations Schedule: Detailed description of all secured obligations, including loan agreement details

3. Insurance Schedule: Specific insurance requirements and minimum coverage amounts

4. Property Maintenance Schedule: Detailed maintenance and repair obligations for the property

5. Form of Notice: Template forms for various notices required under the agreement

6. Existing Encumbrances: List of existing mortgages, easements, or other encumbrances affecting the property

7. Special Conditions: Any special or non-standard conditions applying to the mortgage

8. Procedural Requirements: Step-by-step procedures for key processes such as enforcement or discharge

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 and Financial Services

Real Estate

Property Development

Legal Services

Construction

Commercial Property

Residential Property

Investment and Finance

Agriculture and Farming

Small Business

Relevant Teams

Legal

Credit Risk

Compliance

Property Services

Loan Operations

Security Documentation

Real Estate

Commercial Banking

Retail Banking

Risk Management

Relevant Roles

Legal Counsel

Mortgage Advisor

Credit Manager

Risk Manager

Property Lawyer

Banking Officer

Loan Officer

Compliance Officer

Real Estate Manager

Security Documentation Officer

Commercial Banker

Property Manager

Financial Advisor

Relationship Manager

Credit Analyst

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

Find the exact document you need

Mortgage Subordination Agreement

A New Zealand law-governed agreement that modifies the priority ranking between multiple mortgages on the same property, allowing a senior mortgagee to subordinate their security interest to another mortgagee.

find out more

Mortgage Principal Agreement

A New Zealand-governed agreement establishing the core terms and conditions between lender and borrower for a mortgage loan, including security arrangements and repayment terms.

find out more

Mortgage Variation Agreement

A New Zealand-compliant agreement that modifies existing mortgage terms between a lender and borrower, ensuring legal registration of changes.

find out more

Mortgage Broker Agreement In Principle

A New Zealand-compliant preliminary agreement between a mortgage broker and potential borrower(s) establishing the terms of mortgage broking services.

find out more

Home Loan Agreement

A New Zealand-compliant legal agreement setting out terms and conditions for a residential property loan, including security arrangements and borrower obligations.

find out more

Mortgage Loan Extension Agreement

A New Zealand-compliant agreement that modifies and extends the terms of an existing mortgage loan, specifying new payment terms and maturity date.

find out more

Family Mortgage Agreement

A New Zealand-compliant legal agreement documenting a mortgage arrangement between family members, securing a loan against real property.

find out more

Mortgage Separation Agreement

A New Zealand legal agreement that establishes the terms for separating or restructuring mortgage obligations between parties ending their relationship, governed by NZ property and banking laws.

find out more

Joint Mortgage Agreement

A New Zealand-compliant agreement establishing terms for multiple borrowers jointly securing a mortgage loan against a property.

find out more

Third Party Mortgage Agreement

A New Zealand law-governed agreement creating a mortgage security interest over a third party's property to secure another party's borrowing obligations.

find out more

Mortgage Extension Agreement

A New Zealand law-governed agreement that extends or modifies the terms of an existing mortgage, including new payment schedules and conditions.

find out more

Revolving Agreement

A New Zealand law-governed agreement establishing a revolving credit facility with flexible drawdown and repayment terms.

find out more

Mortgage Lease Agreement

A New Zealand-compliant legal document combining mortgage financing terms with property lease conditions in a single agreement.

find out more

Mortgage Assumption Agreement

A New Zealand law-governed agreement that enables the transfer of mortgage obligations from an existing borrower to a new borrower, with the lender's consent.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: /our-research
Oops! Something went wrong while submitting the form.

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our for more details and real-time security updates.

Read our Privacy Policy.