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Real Estate Mortgage Agreement for the United Kingdom

Real Estate Mortgage Agreement Template for England and Wales

A Real Estate Mortgage Agreement under English and Welsh law is a legally binding document that creates a security interest in real property to secure a loan. The agreement details the terms and conditions of the mortgage, including the loan amount, interest rate, repayment schedule, and the rights and obligations of both the mortgagor and mortgagee. It must comply with the Law of Property Act 1925 and other relevant legislation, and requires registration with HM Land Registry.

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What is a Real Estate Mortgage Agreement?

A Real Estate Mortgage Agreement is essential when securing a loan against real property in England and Wales. This document establishes the legal framework for the mortgage relationship, protecting both lender and borrower interests. It must comply with strict regulatory requirements, including the Financial Conduct Authority's guidelines and the Law of Property Act 1925. The agreement typically includes detailed provisions about the property, loan terms, repayment obligations, default consequences, and both parties' rights and responsibilities. It's particularly crucial for ensuring the lender has enforceable security while providing clear terms for the borrower.

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

1. Parties: Identification of mortgagor and mortgagee with full legal details

2. Background: Context of the mortgage agreement and property details

3. Definitions: Key terms used throughout the agreement

4. The Mortgage: Core terms of the mortgage including amount, interest rate, and security

5. Property Details: Full legal description of the mortgaged property

6. Repayment Terms: Payment schedule, method, and consequences of default

7. Covenants: Borrower's obligations regarding property maintenance and insurance

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

9. Execution: Signature blocks and witnessing requirements

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

1. Additional Security: Used when additional assets are being used as security beyond the primary property

2. Guarantor Provisions: Used when there are third-party guarantors providing additional security for the mortgage

3. Buy-to-Let Provisions: Special terms applicable when the property is intended for buy-to-let purposes

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

1. Property Schedule: Detailed property description including title number and plan

2. Payment Schedule: Detailed breakdown of payment terms and amounts

3. Special Conditions: Any special terms or conditions specific to this mortgage

4. Property Plan: Official copy of the property plan from Land Registry

5. Insurance Requirements: Detailed insurance obligations and minimum coverage requirements

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

England and Wales

Publisher

Genie AI

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions



















































Clauses






























Industries

Law of Property Act 1925: Fundamental legislation governing property rights, defines legal estates and mortgages, and sets out requirements for mortgage creation

Financial Services and Markets Act 2000: Regulates mortgage lending and establishes regulatory framework for financial services

Land Registration Act 2002: Covers requirements for registration of mortgages, priority rules, and electronic conveyancing provisions

Consumer Credit Act 1974: Establishes consumer protection provisions and regulated credit agreements

FCA Regulations: Includes Mortgage Conduct of Business (MCOB) rules, requirements for treating customers fairly, and disclosure requirements

Consumer Rights Act 2015: Contains unfair terms provisions and consumer protection measures

Money Laundering Regulations 2017: Sets out due diligence requirements and identity verification procedures

Data Protection Act 2018 and UK GDPR: Governs protection of personal information and data processing requirements

Mortgage Credit Directive Order 2015: European-derived regulations still applicable post-Brexit, focusing on consumer protection measures

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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