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Mortgage Loan Agreement for India

Mortgage Loan Agreement Template for India

A comprehensive legal document governed by Indian law that establishes the terms and conditions of a loan secured by real property (mortgage). The agreement details the loan amount, interest rates, repayment terms, and the creation of a security interest in favor of the lender over the mortgaged property. It ensures compliance with Indian banking regulations, property laws, and registration requirements while protecting both lender and borrower interests through clearly defined rights, obligations, and remedies in case of default.

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What is a Mortgage Loan Agreement?

The Mortgage Loan Agreement is a crucial document used in Indian banking and real estate transactions when a borrower seeks financing secured against real property. This agreement is essential for both residential and commercial property financing, combining elements of contract law, property law, and banking regulations. The document must comply with various Indian legislations including the Transfer of Property Act, 1882, Registration Act, 1908, and the SARFAESI Act, 2002. It includes comprehensive details about the loan facility, property security, repayment terms, borrower obligations, and lender's rights. The agreement serves as the primary document governing the relationship between the lending institution and the borrower throughout the loan tenure, providing clear mechanisms for loan disbursement, repayment, and enforcement of security in case of default.

What sections should be included in a Mortgage Loan Agreement?

1. Parties: Identifies and provides full details of the lender and borrower, including names, addresses, and registration details if applicable

2. Background: Explains the context of the loan application and purpose, and confirms the lender's agreement to provide the loan facility

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and avoid ambiguity

4. Loan Details: Specifies the loan amount, interest rate, tenure, and purpose of the loan

5. Security Creation: Details of the mortgage property and creation of security interest in favor of the lender

6. Disbursement Terms: Conditions precedent to disbursement and the method of disbursement

7. Repayment Terms: Details of EMI structure, payment dates, prepayment provisions, and default interest

8. Borrower's Representations and Warranties: Statements of fact and assurances given by the borrower regarding their status and the mortgaged property

9. Borrower's Covenants: Positive and negative obligations of the borrower during the loan tenure

10. Lender's Rights and Remedies: Rights of the lender in case of default and enforcement mechanisms

11. Events of Default: Comprehensive list of circumstances that constitute default under the agreement

12. Insurance: Requirements for insurance of the mortgaged property

13. Notices: Procedure for serving notices between parties

14. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for dispute resolution

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

1. Guarantor Provisions: Required when there is a guarantor for the loan, detailing their obligations and liabilities

2. Special Conditions: Used when there are specific conditions applicable to the particular loan scenario

3. Cross Collateralization: Included when multiple properties are being mortgaged or when linking to other loan facilities

4. Electronic Communication Consent: Optional section for modern agreements allowing electronic communications and updates

5. Force Majeure: May be included to address extraordinary circumstances affecting loan repayment

6. Assignment and Transfer: Required when the lender wants the right to assign or transfer the loan to another institution

What schedules should be included in a Mortgage Loan Agreement?

1. Schedule 1 - Property Description: Detailed description of the mortgaged property including boundaries and title details

2. Schedule 2 - Payment Schedule: Detailed amortization schedule showing EMI breakup and payment dates

3. Schedule 3 - Interest Calculation: Method of interest calculation and examples

4. Schedule 4 - Fee Schedule: Details of processing fees, charges, and other applicable fees

5. Schedule 5 - Insurance Requirements: Specific insurance requirements and minimum coverage details

6. Schedule 6 - Property Documents: List of property documents deposited with the lender

7. Appendix A - KYC Documents: List of identity and address proof documents provided by the borrower

8. Appendix B - Standard Forms: Standard forms for various notices and requests under the agreement

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

India

Publisher

Genie AI

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions




































Clauses



































Relevant Industries

Banking

Financial Services

Real Estate

Insurance

Legal Services

Construction

Housing Finance

Property Development

Relevant Teams

Legal

Credit

Risk Management

Compliance

Operations

Real Estate

Documentation

Loan Processing

Property Valuation

Customer Relations

Relevant Roles

Loan Officer

Credit Manager

Legal Counsel

Mortgage Specialist

Risk Manager

Compliance Officer

Property Valuer

Banking Operations Manager

Real Estate Manager

Document Specialist

Chief Credit Officer

Relationship Manager

Legal Documentation Officer

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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