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Real Estate Mortgage Agreement for United Arab Emirates

Real Estate Mortgage Agreement Template for United Arab Emirates

A comprehensive legal document governed by UAE federal and emirate-specific laws, particularly UAE Federal Law No. 14 of 2008 and the UAE Civil Code, that creates a security interest over real estate property. The agreement establishes the terms and conditions under which a property is offered as collateral for a loan or financial facility, detailing the rights and obligations of both the mortgagor and mortgagee. It includes specific provisions for property registration, enforcement rights, and compliance with UAE Central Bank regulations, while incorporating local emirate requirements for property mortgage registration and enforcement.

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What is a Real Estate Mortgage Agreement?

The Real Estate Mortgage Agreement is a crucial document in UAE property financing transactions, used when a property owner (mortgagor) seeks to secure financial facilities by creating a mortgage over real estate in favor of a bank or financial institution (mortgagee). The agreement must comply with UAE Federal Law No. 14 of 2008, the UAE Civil Code, and relevant emirate-specific property laws. It contains detailed provisions regarding the property description, secured obligations, parties' rights and obligations, enforcement mechanisms, and registration requirements. The document is essential for both conventional and Islamic financing structures and must be registered with relevant local land departments or property registration authorities to be legally effective. It serves as a primary security document in real estate financing transactions, protecting the interests of financial institutions while ensuring compliance with local regulatory requirements.

What sections should be included in a Real Estate Mortgage Agreement?

1. Parties: Identification of the Mortgagor (property owner), Mortgagee (bank/financial institution), and any guarantors

2. Background: Context of the mortgage agreement, including reference to the underlying facility/loan agreement

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Secured Obligations, and Security Period

4. Creation of Mortgage: Express provisions creating the mortgage and charging the property as security

5. Property Details: Comprehensive description of the mortgaged property, including title details and registration information

6. Secured Obligations: Definition and scope of the obligations secured by the mortgage

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

8. Covenants: Positive and negative obligations of the Mortgagor regarding property maintenance, insurance, and restrictions on disposal

9. Insurance: Requirements for property insurance and assignment of insurance policies

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

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

12. Registration: Requirements and procedures for registering the mortgage with relevant authorities

13. Costs and Expenses: Allocation of costs related to mortgage creation, registration, and enforcement

14. Notices: Process and requirements for serving notices between parties

15. Governing Law and Jurisdiction: Confirmation of UAE law application and jurisdiction of UAE courts

16. Execution: Signature blocks and execution formalities

What sections are optional to include in a Real Estate Mortgage Agreement?

1. Multiple Properties: Additional provisions when mortgage covers multiple properties - used when the security includes more than one real estate asset

2. Off-Plan Properties: Special provisions for mortgages over properties under construction - required for off-plan properties

3. Assignment and Transfer: Provisions allowing transfer of mortgage rights - included when mortgage is likely to be transferred or securitized

4. Income Assignment: Assignment of rental income from the property - included for income-producing properties

5. Power of Attorney: Irrevocable power of attorney provisions - included when required by the mortgagee

6. Guarantor Provisions: Additional provisions when mortgage includes guarantors - required when third-party guarantees are involved

7. Islamic Finance Provisions: Specific provisions for Sharia-compliant mortgages - required for Islamic financing structures

What schedules should be included in a Real Estate Mortgage Agreement?

1. Property Schedule: Detailed property description, including plot number, area, location, and title details

2. Title Documents: List of title documents and ownership certificates

3. Facility Terms: Summary of key terms from the underlying facility agreement

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

5. Insurance Requirements: Detailed insurance requirements and minimum coverage

6. Registration Requirements: Checklist of documents required for mortgage registration

7. Power of Attorney: Form of power of attorney (if applicable)

8. Property Plans: Official property plans and drawings

Authors

Alex Denne

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

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
































Clauses





























Relevant Industries

Banking & Financial Services

Real Estate & Property

Construction & Development

Legal Services

Insurance

Islamic Finance

Commercial Property

Residential Property

Property Investment

Corporate Finance

Relevant Teams

Legal

Real Estate

Credit Risk

Compliance

Corporate Finance

Property Finance

Islamic Banking

Securities & Collateral

Property Registration

Documentation

Relevant Roles

Legal Counsel

Property Finance Manager

Real Estate Manager

Mortgage Officer

Compliance Officer

Risk Manager

Property Lawyer

Banking Relationship Manager

Credit Risk Officer

Real Estate Investment Manager

Islamic Finance Specialist

Property Registration Officer

Corporate Finance Manager

Real Estate Developer

Asset Manager

Transaction Manager

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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