Mortgage Affidavit Template for the United Arab Emirates

A Mortgage Affidavit is a legally binding sworn statement that verifies the details of a property mortgage arrangement in the United Arab Emirates. You will need this document to formally declare your property ownership status, mortgage obligations, and any encumbrances affecting your real estate under UAE law. The affidavit serves as official evidence in property transactions and provides legal protection for all parties involved in mortgage agreements.

When do you need this document?

You must prepare a Mortgage Affidavit when registering a new mortgage with the Dubai Land Department or Abu Dhabi Municipality, transferring property ownership that involves existing mortgage obligations, or refinancing your current property loan. Banks and financial institutions require this affidavit before processing mortgage applications to verify your legal standing as the property owner. You will also need this document during inheritance procedures involving mortgaged properties, legal disputes concerning property rights, or when converting conventional mortgages to Islamic finance products. Property developers may request this affidavit during off-plan purchase agreements that involve mortgage financing arrangements.

Key legal considerations

Your Mortgage Affidavit must include complete affiant information with your Emirates ID number and passport details to establish legal identity. The property description section requires precise details including plot numbers, registration references, and title deed information to avoid registration disputes. You must accurately declare all mortgage terms including the lender's name, principal amount, and interest or profit rates as per your financing agreement. The document should clearly state your ownership rights and any co-ownership arrangements that may affect the mortgage. You must disclose all existing encumbrances, liens, or legal claims against the property to ensure transparency. For Islamic mortgages, the affidavit must reference Sharia compliance and may require certification from an Islamic finance scholar. Any false declarations in the affidavit can result in criminal liability under UAE law and void your mortgage registration.

Legal requirements in United Arab Emirates

Under UAE Federal Law No. 5 of 1985, your Mortgage Affidavit must be notarized by an authorized notary public and may require attestation from relevant government authorities. Dubai requires compliance with Law No. 14 of 2008 for mortgage regulations, including specific registration procedures and documentation standards. Abu Dhabi follows Law No. 3 of 2015 which governs real estate transactions and mortgage enforcement in the emirate. Islamic banking mortgages must comply with UAE Federal Law No. 6 of 1985 ensuring adherence to Sharia principles throughout the affidavit content. The document must be submitted in Arabic or include certified translations, and all parties must provide original identification documents during the notarization process. Land departments require the affidavit to be submitted within specific timeframes alongside other mortgage registration documents to maintain legal validity.