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Car Mortgage Agreement for Philippines

Car Mortgage Agreement Template for Philippines

A Car Mortgage Agreement under Philippine law is a legally binding document that establishes a security interest in a vehicle to secure a loan. The agreement details the terms and conditions under which the lender provides financing for the vehicle purchase, while maintaining a security interest in the vehicle until the loan is fully repaid. This document must comply with Philippine civil law, banking regulations, and consumer protection legislation, particularly the Civil Code of the Philippines and the Truth in Lending Act. It includes comprehensive details about the vehicle, loan terms, payment schedules, insurance requirements, and the rights and obligations of all parties involved.

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What is a Car Mortgage Agreement?

The Car Mortgage Agreement is essential in vehicle financing transactions in the Philippines, where the vehicle serves as collateral for the loan. This document is typically used when an individual or business seeks financing to purchase a vehicle but requires a loan to complete the purchase. The agreement protects the lender's interests by creating a security interest in the vehicle while allowing the borrower to use the vehicle subject to specific terms and conditions. The document must comply with Philippine legislation, including the Civil Code, Truth in Lending Act, and relevant banking regulations. It includes critical information such as vehicle specifications, loan amount, interest rates, payment terms, insurance requirements, default provisions, and enforcement mechanisms. The agreement becomes particularly important in cases of default, as it provides the legal basis for the lender to repossess and dispose of the vehicle to recover the outstanding debt.

What sections should be included in a Car Mortgage Agreement?

1. Parties: Identification of the Mortgagor (borrower/vehicle owner) and Mortgagee (lender), including complete legal names, addresses, and contact details

2. Background: Brief context of the transaction, including the vehicle purchase and the need for financing

3. Definitions: Key terms used throughout the agreement including but not limited to 'Vehicle', 'Mortgage Amount', 'Interest Rate', 'Payment Terms', 'Default', 'Security'

4. The Vehicle: Detailed description of the mortgaged vehicle including make, model, year, color, engine/chassis numbers, plate number, and registration details

5. Loan Terms: Specific details of the loan including principal amount, interest rate, payment schedule, and total amount payable

6. Security and Title: Provisions regarding the vehicle as security, retention of title, and registration of the mortgage with relevant authorities

7. Mortgagor's Obligations: Responsibilities of the borrower including maintenance, insurance, usage restrictions, and payment obligations

8. Insurance: Requirements for comprehensive vehicle insurance, naming of loss payee, and handling of insurance claims

9. Events of Default: Circumstances constituting default and the consequences thereof

10. Enforcement Rights: Mortgagee's rights upon default including repossession and sale procedures

11. Representations and Warranties: Statements of fact and promises made by the Mortgagor regarding their capacity, the vehicle's condition, and ownership

12. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

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

1. Guarantor Provisions: Required when a third party guarantees the loan, detailing the guarantor's obligations and liabilities

2. Co-Borrower Provisions: Used when there are multiple borrowers, defining joint and several liability

3. Cross-Default: Include when the borrower has other loans with the same lender, linking defaults across agreements

4. Electronic Payments: Required when automatic debit arrangements or electronic payments are mandatory

5. Early Termination: Optional section detailing terms for early loan payoff and any associated penalties or benefits

What schedules should be included in a Car Mortgage Agreement?

1. Schedule 1 - Vehicle Details: Comprehensive technical specifications and photographs of the vehicle

2. Schedule 2 - Payment Schedule: Detailed amortization table showing breakdown of principal and interest payments

3. Schedule 3 - Insurance Requirements: Specific insurance coverage requirements and approved insurers

4. Appendix A - Vehicle Registration Documents: Copies of vehicle registration and related government documents

5. Appendix B - Deed of Chattel Mortgage: Standard form deed required for registration with government authorities

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

Philippines

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions







































Clauses






























Relevant Industries

Financial Services

Automotive

Banking

Insurance

Legal Services

Transportation

Consumer Finance

Relevant Teams

Legal

Credit

Risk Management

Collections

Finance

Compliance

Auto Finance

Documentation

Consumer Banking

Operations

Relevant Roles

Legal Counsel

Credit Officer

Loan Officer

Risk Manager

Collections Manager

Finance Manager

Compliance Officer

Auto Finance Specialist

Contract Administrator

Documentation Specialist

Banking Officer

Credit Risk Analyst

Vehicle Finance 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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