The Home Loan Promissory Note (Schuldschein für Immobiliendarlehen) is a fundamental document in German residential property financing, used when individuals or families seek to finance the purchase, construction, or renovation of residential property. This document type is specifically designed to comply with German banking regulations, civil law requirements, and consumer protection standards. It serves as official documentation of the debt obligation and includes comprehensive details about the loan terms, property security, and parties' rights and obligations. The document is typically prepared in conjunction with property charge (Grundschuld) registration in the German land register and requires notarization. It's particularly important as it combines the formal requirements of German property financing law with consumer protection provisions required under EU and German regulations.
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1. Parties (Parteien): Identification of lender and borrower(s) with full legal names and addresses
2. Background (Hintergrund): Purpose of the loan and brief description of the property being financed
3. Definitions (Definitionen): Key terms used throughout the document
4. Loan Amount and Purpose (Darlehensbetrag und Zweck): Specification of the loan amount and confirmation of its use for residential property
5. Interest Rate (Zinssatz): Details of the interest rate, whether fixed or variable, and calculation method
6. Term and Repayment (Laufzeit und Rückzahlung): Duration of the loan and regular repayment schedule
7. Security (Sicherheiten): Description of the property charge (Grundschuld) and other security arrangements
8. Representations and Warranties (Zusicherungen und Gewährleistungen): Borrower's confirmations regarding their financial situation and property details
9. Events of Default (Kündigungsgründe): Circumstances under which the loan may be terminated early
10. Governing Law and Jurisdiction (Geltendes Recht und Gerichtsstand): Confirmation of German law application and jurisdiction
1. Multiple Borrowers (Mehrere Darlehensnehmer): Additional provisions for cases with multiple borrowers, including joint and several liability
2. Special Repayment Rights (Sondertilgungsrechte): Terms for early repayment options if agreed
3. Interest Rate Adjustment (Zinsanpassung): Mechanisms for interest rate changes in variable rate loans
4. Insurance Requirements (Versicherungsanforderungen): Specific insurance requirements beyond standard property insurance
5. Construction Provisions (Bauvorhaben): Special provisions for properties under construction or renovation
6. Assignment (Abtretung): Terms regarding the possibility of loan assignment by the lender
1. Repayment Schedule (Tilgungsplan): Detailed amortization schedule showing principal and interest payments
2. Property Description (Objektbeschreibung): Detailed description of the financed property including land register details
3. Interest Calculation Methods (Zinsberechnungsmethoden): Detailed explanation of interest calculation including examples
4. Security Documentation (Sicherheitendokumentation): Copies or details of security agreements and property charges
5. Insurance Requirements (Versicherungsanforderungen): Detailed list of required insurance coverage and terms
6. Fee Schedule (Gebührenübersicht): Complete list of all fees and charges associated with the loan
Relevant legal definitions
Clauses
Relevant Industries
Banking
Real Estate
Financial Services
Legal Services
Mortgage Lending
Residential Property
Consumer Finance
Relevant Teams
Legal
Compliance
Credit Risk
Mortgage Operations
Real Estate Finance
Consumer Banking
Document Management
Underwriting
Property Valuation
Customer Service
Relevant Roles
Loan Officer
Mortgage Specialist
Legal Counsel
Banking Compliance Officer
Real Estate Finance Manager
Credit Risk Officer
Notary Public
Property Valuation Expert
Mortgage Underwriter
Banking Operations Manager
Consumer Banking Manager
Document Management Specialist
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