Property Loan Note for Australia

Property Loan Note Template for Australia

A Property Loan Note is a legally binding document used in Australian jurisdiction that evidences a loan secured against real property. It outlines the terms and conditions of the loan, including the principal amount, interest rate, repayment schedule, and security arrangements. The document complies with Australian credit and property laws, incorporating necessary consumer protections and disclosure requirements under the National Consumer Credit Protection Act 2009 and related legislation. It serves as both a promissory note and a security document, establishing the borrower's obligation to repay the loan and the lender's rights over the secured property.

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What is a Property Loan Note?

The Property Loan Note is a fundamental document in Australian property financing, used when a loan is secured against real property assets. This document type is essential for both residential and commercial property transactions where borrowed funds are involved. It combines elements of a promissory note with security provisions, creating a comprehensive record of the loan agreement and the parties' obligations. The Property Loan Note must comply with Australian federal and state legislation, including the National Consumer Credit Protection Act 2009 and relevant property laws. It typically includes detailed terms about the loan amount, interest calculations, repayment schedule, default provisions, and security arrangements. This document is particularly important for lenders, as it provides evidence of the debt and establishes their security interest in the property, while also protecting borrowers through mandatory disclosure requirements and consumer protection provisions.

What sections should be included in a Property Loan Note?

1. Parties: Identification of the Lender and Borrower with full legal names and addresses

2. Background: Context of the loan, including purpose and any relevant property details

3. Definitions: Definitions of key terms used throughout the document

4. Loan Amount and Purpose: Specification of the principal amount and stated purpose of the loan

5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment frequency

6. Repayment Terms: Repayment schedule, payment methods, and duration of the loan

7. Security: Description of property or other assets provided as security for the loan

8. Representations and Warranties: Borrower's confirmations regarding their capacity and financial situation

9. Borrower Covenants: Ongoing obligations of the borrower during the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement Rights: Lender's rights and remedies in case of default

12. Costs and Expenses: Allocation of fees, charges, and expenses

13. Notices: How formal communications between parties should be made

14. General Provisions: Standard legal provisions including governing law and jurisdiction

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Property Loan Note?

1. Guarantor Provisions: Required when there is a guarantor for the loan, including guarantor obligations and rights

2. Multiple Borrowers: Additional provisions for joint and several liability when there are multiple borrowers

3. Interest Rate Variation: Include when the loan has variable interest rates or rate adjustment mechanisms

4. Early Repayment: Terms for early loan repayment including any penalties or fees

5. Insurance Requirements: Specific insurance obligations for the secured property

6. Construction Provisions: Required for construction loans with progressive drawdowns

7. Cross-Collateralization: When security includes multiple properties or extends to other loans

8. Electronic Transaction Terms: Required when the loan note will be executed or managed electronically

What schedules should be included in a Property Loan Note?

1. Schedule 1 - Loan Terms: Key financial terms including amount, interest rate, and payment schedule

2. Schedule 2 - Property Details: Full legal description and details of the secured property

3. Schedule 3 - Payment Schedule: Detailed amortization schedule or payment terms

4. Schedule 4 - Fees and Charges: Comprehensive list of all applicable fees and charges

5. Schedule 5 - Special Conditions: Any special or additional conditions specific to this loan

6. Appendix A - Required Insurances: Details of required insurance coverage for the security property

7. Appendix B - Form of Drawdown Notice: Template for requesting loan disbursements if progressive drawdown applies

8. Appendix C - Compliance Documents: List of required compliance documents and certificates

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

Australia

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Real Estate

Property Development

Construction

Investment Management

Legal Services

Mortgage Broking

Property Management

Relevant Teams

Legal

Credit Risk

Property Finance

Compliance

Loan Operations

Documentation

Settlement

Mortgage Services

Client Relations

Risk Management

Relevant Roles

Credit Manager

Loan Officer

Property Finance Manager

Legal Counsel

Compliance Officer

Risk Manager

Property Valuation Specialist

Mortgage Broker

Banking Relationship Manager

Credit Risk Analyst

Transaction Manager

Property Finance Specialist

Documentation Specialist

Settlement 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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