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Mortgage Loan Sale Agreement for Canada

Mortgage Loan Sale Agreement Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial laws, designed to facilitate the sale and transfer of mortgage loans between financial institutions or eligible entities. The document outlines the terms and conditions of the sale, including loan portfolio details, purchase price, representations and warranties, regulatory compliance requirements, and post-closing obligations. It incorporates provisions to ensure compliance with Canadian banking regulations, provincial property laws, privacy legislation, and consumer protection requirements, while establishing clear mechanisms for the transfer of mortgage rights and obligations.

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What is a Mortgage Loan Sale Agreement?

The Mortgage Loan Sale Agreement is essential for financial institutions and lenders operating in the Canadian market who wish to transfer mortgage portfolios as part of their business strategy or regulatory compliance requirements. This document type is commonly used in situations involving portfolio sales, securitization transactions, or strategic divestitures of mortgage assets. The agreement must comply with both federal regulations (such as the Bank Act and PIPEDA) and provincial property laws, making it a complex instrument that requires careful attention to jurisdictional requirements. It typically includes detailed schedules of the mortgage loans being sold, representations about the quality and characteristics of the loan portfolio, and specific provisions for the transfer of related rights and obligations. The agreement also addresses crucial aspects such as loan servicing arrangements, borrower notifications, and the mechanics of transferring mortgage registrations in accordance with provincial requirements.

What sections should be included in a Mortgage Loan Sale Agreement?

1. Parties: Identification of the seller and purchaser of the mortgage loans

2. Background: Context of the transaction and brief description of the mortgage portfolio being sold

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale and Purchase: Core transaction terms including purchase price, payment mechanisms, and closing conditions

5. Transfer of Loans: Mechanics of transferring the mortgage loans and associated rights

6. Purchase Price and Payment: Detailed terms of consideration and payment structure

7. Closing Conditions: Conditions precedent to the completion of the transaction

8. Seller's Representations and Warranties: Warranties regarding the seller's authority and the mortgage loans being sold

9. Purchaser's Representations and Warranties: Warranties regarding the purchaser's authority and ability to complete the transaction

10. Regulatory Compliance: Compliance with applicable banking and mortgage regulations

11. Privacy and Data Protection: Handling of borrower personal information and compliance with privacy laws

12. Covenants: Ongoing obligations of both parties

13. Indemnification: Indemnification obligations and procedures

14. Term and Termination: Duration of agreement and termination rights

15. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Mortgage Loan Sale Agreement?

1. Loan Servicing Arrangements: Terms for ongoing servicing of the mortgage loans - included when servicing is transferred or retained by seller

2. Post-Closing Adjustments: Mechanisms for adjusting the purchase price post-closing - used for large portfolios or when exact values cannot be determined at closing

3. Interim Servicing: Temporary servicing arrangements during transition - included when there's a gap between closing and servicing transfer

4. Portfolio Review Rights: Rights to review and exclude certain loans - used in large portfolio sales

5. Security Interest: Creation and perfection of security interests - included when relevant to transaction structure

6. Environmental Matters: Environmental representations and indemnities - included for commercial property mortgages

7. CMHC Requirements: Specific requirements for CMHC-insured mortgages - included when portfolio includes insured loans

What schedules should be included in a Mortgage Loan Sale Agreement?

1. Schedule A - Mortgage Loan Schedule: Detailed list of mortgage loans being sold, including key characteristics

2. Schedule B - Loan Documents: List of required documentation for each mortgage loan

3. Schedule C - Transfer Procedures: Detailed procedures for transferring loans and associated rights

4. Schedule D - Purchase Price Calculation: Methodology for calculating the purchase price

5. Schedule E - Form of Transfer/Assignment: Template documents for transferring individual mortgages

6. Schedule F - Servicing Transfer Requirements: Detailed requirements for transferring loan servicing

7. Schedule G - Required Consents and Approvals: List of required regulatory and third-party approvals

8. Appendix 1 - Due Diligence Checklist: Checklist for loan file review and due diligence

9. Appendix 2 - Closing Deliverables: List of documents required at closing

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

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions














































































Clauses
















































Relevant Industries

Banking

Financial Services

Real Estate

Mortgage Lending

Investment Management

Insurance

Legal Services

Financial Technology

Property Management

Capital Markets

Relevant Teams

Legal

Compliance

Risk Management

Finance

Treasury

Mortgage Operations

Credit

Real Estate Finance

Investment

Due Diligence

Portfolio Management

Corporate Development

Regulatory Affairs

Transaction Management

Document Management

Relevant Roles

Chief Financial Officer

Head of Mortgage Operations

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Treasury Manager

Mortgage Underwriter

Due Diligence Specialist

Transaction Manager

Credit Risk Officer

Corporate Finance Director

Regulatory Affairs Manager

Investment Director

Real Estate Finance 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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