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Hard Money Lending Contract Template for England and Wales

A Hard Money Lending Contract under English and Welsh law is a legally binding agreement governing short-term, asset-based loans typically secured by real estate. These loans are characterized by higher interest rates and shorter terms compared to traditional financing, but offer faster approval and more flexible terms. The document outlines the loan terms, security arrangements, repayment schedule, and default provisions, while ensuring compliance with UK financial regulations and consumer protection laws.

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What is a Hard Money Lending Contract?

Hard Money Lending Contracts have become increasingly prevalent in the UK property market as an alternative to traditional financing. This contract type is particularly useful for time-sensitive property transactions, renovation projects, or situations where conventional lending criteria cannot be met. The Hard Money Lending Contract, governed by English and Welsh law, includes comprehensive provisions for loan terms, security arrangements, interest calculations, and default scenarios. It's designed to protect both lender and borrower while ensuring compliance with UK financial regulations, including the Consumer Credit Act 1974 and Financial Services and Markets Act 2000.

What sections should be included in a Hard Money Lending Contract?

1. 1. Parties: Identification of lender and borrower with full legal details

2. 2. Background: Context of the loan and purpose

3. 3. Definitions: Key terms used throughout the agreement

4. 4. Loan Amount and Purpose: Specification of loan amount and permitted use

5. 5. Interest Rate and Calculations: Interest rate terms, calculation method, and payment schedule

6. 6. Security: Details of assets securing the loan

7. 7. Repayment Terms: Payment schedule, methods, and early repayment provisions

8. 8. Default Provisions: Consequences of default and remedies

9. 9. Representations and Warranties: Statements of fact by borrower

What sections are optional to include in a Hard Money Lending Contract?

1. Additional Security Provisions: Detailed security arrangements when multiple assets are used as security

2. Insurance Requirements: Required insurance coverage for secured assets when securing against physical assets

3. Guarantor Provisions: Terms relating to guarantors when loan includes third-party guarantees

4. Special Conditions: Additional terms specific to the loan when unique circumstances apply

What schedules should be included in a Hard Money Lending Contract?

1. Schedule 1 - Property Details: Details of property/assets used as security

2. Schedule 2 - Payment Schedule: Detailed repayment schedule with dates and amounts

3. Schedule 3 - Conditions Precedent: List of conditions to be met before loan disbursement

4. Appendix A - Form of Security Document: Template security documentation

5. Appendix B - Notice Requirements: Forms and procedures for various notices

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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