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Mortgage And Security Agreement for Singapore

Mortgage And Security Agreement Template for Singapore

A Mortgage and Security Agreement under Singapore law is a legal document that creates a security interest over real property in favor of a lender. It combines both the loan facility terms and the security arrangements, complying with Singapore's Land Titles Act and related legislation. The agreement details the loan terms, property description, repayment obligations, security provisions, and the lender's enforcement rights in case of default, while incorporating specific requirements for HDB properties and CPF usage where applicable.

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What is a Mortgage And Security Agreement?

The Mortgage and Security Agreement is a fundamental document in Singapore's property financing landscape, used when a borrower seeks financing secured against real property. This agreement is essential for both residential and commercial property transactions, combining the loan facility terms with security arrangements in a single document. It must comply with Singapore's strict regulatory framework, including the Land Titles Act, Banking Act, and where applicable, HDB and CPF requirements. The document typically includes detailed provisions on the loan facility, security creation, covenants, representations and warranties, and enforcement rights, making it a comprehensive security instrument for property financing.

What sections should be included in a Mortgage And Security Agreement?

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

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

3. Definitions: Key terms used throughout the agreement

4. The Facility: Details of the loan amount, interest rate, and repayment terms

5. Security: Description of the mortgaged property and nature of security

6. Representations and Warranties: Statements of fact by the mortgagor

7. Covenants: Ongoing obligations of the mortgagor

8. Events of Default: Circumstances constituting default and consequences

9. Enforcement Rights: Mortgagee's rights upon default

10. Governing Law and Jurisdiction: Applicable law and dispute resolution

What sections are optional to include in a Mortgage And Security Agreement?

1. Insurance: Insurance requirements for the property - used when specific insurance requirements need to be detailed

2. CPF Provisions: Specific provisions related to CPF usage - included when CPF funds are used for the property

3. HDB Requirements: Special conditions for HDB properties - required when the property is HDB

4. Assignment: Rights to assign the mortgage - included when assignment rights are relevant to the transaction

What schedules should be included in a Mortgage And Security Agreement?

1. Property Description Schedule: Detailed description of the mortgaged property

2. Payment Schedule: Detailed repayment terms and schedule

3. Insurance Schedule: Details of required insurance coverage

4. Form of Transfer: Standard form for property transfer

5. Special Conditions: Any special or additional conditions applicable to the mortgage

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

Singapore

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions












































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Industries

Land Titles Act (Cap. 157): Primary legislation governing registered land transactions, mortgage registration requirements, and procedures for lodgment and registration of mortgages in Singapore

Conveyancing and Law of Property Act (Cap. 61): Establishes legal framework for property transactions, defines mortgagee's powers and rights, and sets out statutory covenants in mortgages

Banking Act (Cap. 19): Provides regulations on mortgage financing and requirements for financial institutions offering mortgage products

Moneylenders Act (Cap. 188): Regulates moneylenders providing mortgages, including interest rate restrictions and licensing requirements

Bankruptcy Act (Cap. 20): Governs the effects of bankruptcy on mortgages and defines rights of secured creditors in bankruptcy situations

Housing and Development Act (Cap. 129): Specific legislation for HDB properties, including special requirements for HDB mortgages and restrictions

Central Provident Fund Act (Cap. 36): Regulates use of CPF funds in property purchases and mortgages, including requirements for CPF charge

Personal Data Protection Act 2012: Governs handling of personal data and consent requirements in mortgage transactions

MAS Guidelines: Regulatory guidelines including Total Debt Servicing Ratio (TDSR) framework, Loan-to-Value (LTV) limits, and mortgage lending restrictions

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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