Mortgage Fee Agreement Template for Belgium

The Mortgage Fee Agreement is a critical document used in Belgian mortgage lending transactions to establish and document all fees and charges associated with mortgage arrangements. This agreement is required whenever a mortgage is being established in Belgium and must comply with strict regulatory requirements under Belgian law, including the Mortgage Credit Act and Book VII of the Code of Economic Law. The document outlines arrangement fees, administrative charges, broker fees (if applicable), and other costs associated with the mortgage, while ensuring transparency and consumer protection as required by Belgian regulations. The agreement is typically executed alongside the main mortgage agreement and includes mandatory disclosures, payment schedules, and specific provisions required by Belgian financial services regulations.

1. Parties: Identification of the lender, borrower, and any other relevant parties such as mortgage brokers or intermediaries

2. Background: Context of the agreement, including reference to the main mortgage agreement and purpose of this fee arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including types of fees, relevant dates, and regulatory references

4. Fee Structure: Detailed breakdown of all applicable fees, including arrangement fees, administration fees, and any ongoing charges

5. Payment Terms: Timing and method of fee payments, including whether fees are paid upfront or added to the mortgage

6. Regulatory Compliance: Statements ensuring compliance with Belgian mortgage regulations and consumer protection laws

7. Representations and Warranties: Statements by both parties regarding their capacity to enter into the agreement and compliance with relevant laws

8. Variation: Circumstances under which fees may be changed and the process for such changes

9. Termination: Conditions under which the fee agreement may be terminated and the consequences of termination

10. Notices: How and where formal communications between parties should be sent

11. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution formalities