Home Loan Agreement Template for Belgium

The Home Loan Agreement is a fundamental document in Belgian residential property financing, used when individuals or families seek to purchase or refinance residential property through mortgage financing. It serves as the primary contract between a financial institution and borrower(s), structured to comply with Belgian federal legislation, regional requirements, and EU directives, particularly the European Mortgage Credit Directive (2014/17/EU). The agreement must be executed before a Belgian notary and registered with appropriate authorities. It typically includes comprehensive terms covering loan amount, interest calculations, repayment schedules, property security arrangements, borrower obligations, and default provisions. This document is essential for protecting both lender and borrower interests while ensuring regulatory compliance in Belgian property transactions.

1. Parties: Identification of the Lender and the Borrower(s) with full legal names, addresses, and registration details

2. Background: Context of the loan, including brief description of the property and purpose of the loan

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

4. Loan Details: Principal amount, purpose, term, and basic structure of the loan

5. Interest: Interest rate(s), calculation method, and adjustment mechanisms

6. Repayment Terms: Payment schedule, amounts, methods, and dates

7. Security: Details of the mortgage and any other security arrangements

8. Property Details: Full description of the mortgaged property and its permitted use

9. Conditions Precedent: Conditions that must be satisfied before the loan is advanced

10. Borrower's Representations: Warranties and representations made by the borrower

11. Borrower's Covenants: Ongoing obligations of the borrower during the loan term

12. Property Insurance: Requirements for insuring the mortgaged property

13. Events of Default: Circumstances constituting default and their consequences

14. Lender's Rights and Remedies: Actions the lender can take in case of default

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

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

17. Data Protection: Handling of personal data in compliance with GDPR

18. Governing Law and Jurisdiction: Confirmation of Belgian law and jurisdiction

19. Execution: Signature blocks and execution requirements