Contract Of Loan With Real Estate Mortgage Template for Belgium

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Key Requirements PROMPT example:

Contract Of Loan With Real Estate Mortgage

"I need a Contract of Loan with Real Estate Mortgage under Belgian law for a €500,000 commercial property loan to be secured against an office building in Brussels, with two co-borrowers and including specific environmental compliance clauses."

Document background
The Contract of Loan with Real Estate Mortgage is a fundamental document in Belgian real estate financing, used when a lender provides funding secured by real property. This document type is essential for both residential and commercial property transactions in Belgium where mortgage financing is involved. It must be executed before a Belgian notary and registered with the appropriate mortgage registry. The document serves dual purposes: it details the loan terms (amount, interest, repayment schedule) and establishes the mortgage security interest in the property. The contract must comply with Belgian Civil Code requirements, the Mortgage Law of 1851, and relevant financial regulations. It's particularly important to note that a Contract of Loan with Real Estate Mortgage must include specific mandatory provisions required by Belgian law and must be in proper notarial form to be legally enforceable.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any guarantors with full legal details as required by Belgian law

2. Background: Context of the loan agreement and brief description of the mortgaged property

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

4. Loan Details: Principal amount, interest rate, term, and repayment schedule

5. Property Description: Detailed legal description of the mortgaged property including cadastral references

6. Mortgage Grant: Formal grant of mortgage rights over the property

7. Representations and Warranties: Borrower's declarations regarding property ownership, authority to grant mortgage, and absence of encumbrances

8. Borrower Obligations: Ongoing obligations including property maintenance, insurance, and tax payments

9. Events of Default: Circumstances constituting default and consequences

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

11. Costs and Taxes: Allocation of notarial fees, registration costs, and taxes

12. Notices: Communication requirements and contact details

13. Governing Law: Confirmation of Belgian law application and jurisdiction

Optional Sections

1. Consumer Protection Provisions: Required when the borrower is a consumer rather than a business entity

2. Co-borrower Provisions: Include when there are multiple borrowers

3. Guarantor Provisions: Include when there are third-party guarantors

4. Insurance Requirements: Detailed insurance obligations beyond standard requirements

5. Property Use Restrictions: Include when there are specific restrictions on property use

6. Prepayment Terms: Include when early repayment is permitted with specific conditions

7. Variable Rate Provisions: Include for variable rate loans with rate adjustment mechanisms

8. Cross-Collateralization: Include when multiple properties secure the loan

Suggested Schedules

1. Property Title Details: Complete extract from land registry and cadastral information

2. Repayment Schedule: Detailed amortization table showing payment dates and amounts

3. Insurance Certificates: Copies of required property insurance policies

4. Property Valuation: Official valuation report of the mortgaged property

5. Prior Charges: List of any existing charges or encumbrances on the property

6. Property Plans: Official plans and drawings of the mortgaged property

7. Environmental Reports: If required, environmental assessment of the property

8. Planning Permissions: Relevant planning and zoning documentation

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

Relevant legal definitions
Clauses
Relevant Industries

Banking

Real Estate

Financial Services

Construction

Property Development

Insurance

Legal Services

Housing

Commercial Property

Residential Property

Industrial Property

Relevant Teams

Legal

Real Estate

Credit

Risk Management

Compliance

Finance

Property Management

Corporate Banking

Retail Banking

Mortgage Operations

Documentation

Relevant Roles

Legal Counsel

Real Estate Manager

Mortgage Officer

Loan Officer

Credit Manager

Risk Manager

Compliance Officer

Property Manager

Financial Director

Chief Legal Officer

Real Estate Director

Banking Director

Notary

Property Lawyer

Credit Risk Analyst

Real Estate Investment Manager

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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