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Mortgage Agreement
I need a mortgage agreement for a residential property purchase in Lahore, with a fixed interest rate for the first 5 years, a 20-year term, and provisions for early repayment without penalties. The agreement should also include details on property insurance requirements and late payment penalties.
What is a Mortgage Agreement?
A Mortgage Agreement is a legal contract where you pledge your property as security for a loan from a bank or financial institution in Pakistan. It gives the lender certain rights over your property until you fully repay the borrowed amount, following guidelines set by the Transfer of Property Act and the State Bank of Pakistan's regulations.
The agreement spells out key details like the loan amount, interest rate, payment schedule, and what happens if payments are missed. It protects both parties by clearly stating their rights and responsibilities - you keep using your property while making payments, and the lender has a legal claim they can enforce through Pakistani courts if needed. Local housing finance companies and Islamic banks often use specific mortgage formats that comply with Shariah principles.
When should you use a Mortgage Agreement?
Use a Mortgage Agreement when borrowing money to buy property in Pakistan or when using existing property as collateral for a loan. This essential document becomes necessary during home purchases, business expansion requiring secured financing, or refinancing existing mortgages with Pakistani banks and financial institutions.
The agreement proves particularly valuable when dealing with specialized financing arrangements, like Islamic banking products or government housing schemes. It safeguards both parties during long-term lending relationships and provides clear documentation for property registrars and tax authorities. Having this agreement in place helps avoid future disputes and ensures compliance with local property laws and banking regulations.
What are the different types of Mortgage Agreement?
- Private Mortgage Contract: Used for direct lending between individuals or private entities, featuring simpler terms and personal guarantees while following Pakistani property laws
- Mortgage Lease Agreement: Combines mortgage and lease elements for rent-to-own arrangements, common in Islamic financing structures and progressive ownership schemes
- Agreement Of Mortgage: Standard format used by banks and financial institutions, containing comprehensive terms, regulatory compliance elements, and detailed default provisions
Who should typically use a Mortgage Agreement?
- Banks and Financial Institutions: Create and enforce Mortgage Agreements as primary lenders, including both conventional banks and Islamic banking institutions in Pakistan
- Property Owners/Borrowers: Sign as mortgagors, pledging their property as security while retaining usage rights during the loan term
- Legal Professionals: Draft and review agreements, ensure compliance with Pakistani property laws, and handle registration with relevant authorities
- Property Valuers: Provide official property assessments required for mortgage documentation
- Government Registrars: Record and maintain official mortgage records at local land offices
How do you write a Mortgage Agreement?
- Property Details: Gather complete property description, location, and ownership documents including the property's registration number
- Loan Information: Document the principal amount, interest rate, repayment schedule, and loan term as approved by the financial institution
- Identity Verification: Collect CNIC copies and business documents of all parties involved
- Property Valuation: Obtain current market valuation from an approved valuer
- Legal Requirements: Check local property laws and banking regulations - our platform ensures compliance with Pakistani mortgage documentation standards
- Signatures and Witnesses: Arrange for proper attestation and notarization as required by local authorities
What should be included in a Mortgage Agreement?
- Property Description: Detailed specifications of the mortgaged property including exact boundaries and registration details
- Parties' Information: Complete legal names, addresses, and CNIC numbers of mortgagor and mortgagee
- Loan Terms: Principal amount, interest rate, payment schedule, and default provisions
- Security Details: Clear statement of property being offered as security and conditions of possession
- Rights and Obligations: Maintenance responsibilities, insurance requirements, and transfer restrictions
- Governing Law: Reference to Pakistani Transfer of Property Act and applicable banking regulations
- Execution Requirements: Signature blocks, witness provisions, and stamp duty specifications
What's the difference between a Mortgage Agreement and an Asset Purchase Agreement?
People often confuse a Mortgage Agreement with an Asset Purchase Agreement, but they serve distinct purposes in Pakistani property transactions. While both deal with property, their core functions and legal implications differ significantly.
- Purpose and Scope: Mortgage Agreements create a security interest in property while letting the owner keep using it, but Asset Purchase Agreements transfer complete ownership from seller to buyer
- Duration: Mortgages typically last several years with ongoing obligations, while Asset Purchase Agreements complete the transaction in a single event
- Financial Structure: Mortgages involve loan repayment terms and interest calculations under Pakistani banking laws, whereas Asset Purchase Agreements focus on one-time payment terms
- Legal Rights: Mortgage Agreements create a lender's right to claim the property only upon default, while Asset Purchase Agreements immediately transfer all property rights
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