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Mortgage Indemnity Agreement Template for Singapore

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Key Requirements PROMPT example:

Mortgage Indemnity Agreement

"I need a Mortgage Indemnity Agreement for a Singapore commercial property where ABC Bank PLC is the lender and XYZ Holdings is providing the indemnity for a S$5 million mortgage facility commencing March 2025."

Document background
The Mortgage Indemnity Agreement serves as a critical risk management tool in Singapore's property financing landscape. It is typically used when a third party needs to provide additional security for a mortgage loan, often in cases where the loan-to-value ratio exceeds standard thresholds or where the borrower's profile requires additional support. The agreement details the indemnifier's obligations, claim procedures, and payment terms, all while adhering to Singapore's stringent banking regulations and property laws. This document is particularly relevant in the context of Singapore's property market regulations and the Monetary Authority of Singapore's prudential requirements.
Suggested Sections

1. Parties: Identifies and defines the indemnifier, lender, and borrower

2. Background: Explains the context of the mortgage and need for indemnity

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Indemnity: Details the extent and limitations of the indemnity coverage

5. Payment Terms: Specifies payment obligations and conditions

6. Representations and Warranties: States parties' confirmations and guarantees

7. Termination: Conditions for ending the agreement

Optional Sections

1. Insurance Requirements: Additional insurance obligations - use when specific insurance coverage is required

2. Security Provisions: Additional security arrangements - use when additional collateral is involved

3. Cross-Default: Links to other agreements - use when multiple loan facilities exist

Suggested Schedules

1. Property Details Schedule: Detailed description of mortgaged property

2. Mortgage Terms Schedule: Copy or summary of the underlying mortgage agreement

3. Payment Schedule: Detailed payment terms and dates

4. Required Insurances Schedule: List of required insurance policies and coverage

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
































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Industries

Conveyancing and Law of Property Act (Cap. 61): Primary legislation governing real property transactions and mortgages in Singapore. Contains key provisions on mortgage rights and obligations between parties.

Banking Act (Cap. 19): Regulates banking institutions and mortgage financing activities in Singapore. Sets out provisions on credit facilities and security requirements for mortgage transactions.

Residential Property Act (Cap. 274): Controls and restricts foreign ownership of residential property in Singapore. Critical for determining mortgage arrangements involving foreign buyers.

Moneylenders Act (Cap. 188): Regulates non-bank lending activities in Singapore. Establishes controls on interest rates and lending practices for mortgage transactions involving non-bank lenders.

MAS Notice 632: Regulatory notice imposing restrictions on loan-to-value ratios and minimum cash down payment requirements for property purchases in Singapore.

Total Debt Servicing Ratio (TDSR) Framework: Regulatory framework limiting borrower's total monthly debt obligations and establishing income assessment requirements for mortgage approval.

Consumer Protection (Fair Trading) Act: Legislation ensuring fair dealing and protecting consumers against unfair practices in financial transactions including mortgages.

Stamp Duties Act: Legislation governing stamp duties applicable to mortgage documents and Additional Buyer's Stamp Duty (ABSD) requirements in Singapore.

Personal Data Protection Act: Legislation establishing requirements for handling personal data, including consent and disclosure obligations in mortgage transactions.

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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