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The Mortgage Loan Agreement (Immobiliendarlehensvertrag) is a fundamental document in German real estate financing, used when a borrower seeks funding for property purchase, construction, or refinancing, with the property serving as security for the loan. This agreement is essential for both residential and commercial property transactions in Germany, combining detailed loan terms with security arrangements. The document must comply with strict German banking regulations, consumer protection laws, and property law requirements, including mandatory notarization for the security component. It includes specific provisions required under German law such as the effective annual interest rate disclosure, right of withdrawal for consumers, and detailed requirements for property valuation and registration in the land register (Grundbuch). The agreement serves as both the primary loan document and the basis for creating the property security, making it a crucial instrument in German real estate financing.

1. Parties: Identification of the lender (credit institution) and borrower(s), including full legal names and addresses

2. Background: Context of the loan agreement, including purpose of the loan and brief description of the property being mortgaged

3. Definitions: Definitions of key terms used throughout the agreement, including technical banking and legal terms

4. Loan Details: Principal amount, purpose, interest rate (fixed or variable), term of the loan, and effective annual rate (effektiver Jahreszins)

5. Disbursement Conditions: Prerequisites for loan disbursement, including required documentation and security arrangements

6. Repayment Terms: Payment schedule, installment amounts, payment methods, and early repayment provisions

7. Interest Provisions: Detailed interest calculation methods, interest periods, and adjustment mechanisms for variable rates

8. Security Arrangements: Details of the mortgage/land charge (Grundschuld), including property description and registration requirements

9. Borrower Covenants: Ongoing obligations of the borrower, including property maintenance and insurance requirements

10. Lender Rights: Rights of the lender, including inspection rights and conditions for calling the loan due

11. Default Provisions: Events of default, consequences, and enforcement procedures

12. Costs and Fees: Distribution of costs, including notary fees, registration costs, and ongoing banking fees

13. Representations and Warranties: Borrower's confirmations regarding their financial situation and property status

14. Data Protection: Provisions regarding handling of personal data in accordance with GDPR and German data protection law

15. Notices: Communication requirements and methods between parties

16. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction of German courts