Mortgage Servicing Agreement Template for Belgium

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Key Requirements PROMPT example:

Mortgage Servicing Agreement

"I need a Mortgage Servicing Agreement governed by Belgian law for our bank to appoint an external servicer to manage a portfolio of 500 residential mortgage loans, with particular emphasis on GDPR compliance and special servicing provisions for non-performing loans."

Document background
The Mortgage Servicing Agreement is essential when a financial institution or investor outsources the administration and management of mortgage loans to a specialized servicer in Belgium. This agreement becomes necessary in various scenarios, including portfolio acquisitions, securitization transactions, or when institutions decide to separate loan ownership from loan servicing. The document comprehensively outlines the servicer's duties, including payment collection, borrower communication, default management, and regulatory compliance under Belgian law. It addresses crucial aspects such as reporting requirements, service levels, fee structures, and regulatory obligations, particularly under the Belgian Mortgage Credit Act and EU regulations. The agreement is designed to protect both the mortgage owner's interests and ensure proper loan administration while maintaining compliance with Belgian financial services regulations, data protection laws, and consumer protection requirements.
Suggested Sections

1. Parties: Identification of the contracting parties - typically the mortgage servicer and the mortgage owner/investor

2. Background: Context of the agreement, including the portfolio of mortgages to be serviced

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of the servicer and detailed scope of mortgage servicing responsibilities

5. Regulatory Compliance: Obligations regarding compliance with Belgian and EU regulations, including GDPR and AML requirements

6. Servicing Standards: Required standards of performance and service levels

7. Collections and Remittance: Procedures for collecting and remitting mortgage payments

8. Reporting Requirements: Regular reporting obligations and requirements

9. Fees and Expenses: Compensation structure and reimbursement of expenses

10. Representations and Warranties: Standard representations and warranties from both parties

11. Term and Termination: Duration of the agreement and termination provisions

12. Data Protection and Confidentiality: GDPR compliance and confidentiality obligations

13. Liability and Indemnification: Allocation of liability and indemnification provisions

14. Force Majeure: Provisions for unforeseen circumstances and force majeure events

15. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction

16. Notices: Communication procedures between parties

17. General Provisions: Miscellaneous legal provisions including severability, entire agreement, and amendments

Optional Sections

1. Default Management: Detailed procedures for handling defaulting mortgages - include if the portfolio includes or expects non-performing loans

2. Special Servicing: Provisions for special servicing situations - include if special servicing might be required

3. Sub-servicing: Terms for engaging sub-servicers - include if sub-servicing is contemplated

4. Insurance Requirements: Specific insurance obligations - include if insurance management is part of the services

5. Property Maintenance: Requirements for property maintenance in case of foreclosure - include if relevant to the service scope

6. Audit Rights: Enhanced audit provisions - include if required by regulatory requirements or investor preference

7. Business Continuity: Detailed business continuity and disaster recovery requirements - include for critical service arrangements

8. Transfer and Migration: Detailed provisions for portfolio transfers - include if portfolio transfers are anticipated

Suggested Schedules

1. Schedule 1 - Servicing Portfolio: Detailed list and characteristics of the mortgages being serviced

2. Schedule 2 - Service Levels: Detailed service level requirements and performance metrics

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and payment terms

4. Schedule 4 - Reports: Templates and specifications for required reports

5. Schedule 5 - Operating Procedures: Detailed operational procedures and requirements

6. Schedule 6 - Contact Details: Key contacts and escalation procedures

7. Appendix A - Data Protection Requirements: Detailed GDPR and data protection requirements

8. Appendix B - Regulatory Compliance Checklist: Specific regulatory requirements and compliance procedures

9. Appendix C - Systems and Technology Requirements: Technical specifications and system requirements

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

Financial Services

Real Estate

Investment Management

Mortgage Industry

Asset Management

Financial Technology

Property Management

Credit Services

Relevant Teams

Legal

Compliance

Risk Management

Operations

Finance

Treasury

Credit Administration

Portfolio Management

Regulatory Affairs

Contract Management

Business Development

Asset Management

Relevant Roles

Mortgage Servicing Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Risk Manager

Operations Director

Financial Controller

Credit Risk Officer

Asset Manager

Treasury Manager

Regulatory Compliance Manager

Contract Manager

Business Development Director

Chief Operating Officer

Chief Financial Officer

Industries
Belgian Mortgage Credit Act (Wet betreffende het hypothecair krediet / LOI relative au crédit hypothécaire): Primary legislation governing mortgage lending in Belgium, including requirements for mortgage services and consumer protection provisions
Book VII of the Belgian Code of Economic Law: Contains provisions on payment and credit services, including regulations on mortgage credit and consumer protection in financial services
Belgian Banking Law of 25 April 2014: Regulates banking activities and supervision, including requirements for institutions providing mortgage services
EU Mortgage Credit Directive 2014/17/EU: European directive implemented in Belgian law, establishing a framework for mortgage credit agreements and services
GDPR and Belgian Data Protection Act: Governs the processing of personal data in mortgage servicing activities and customer information management
Belgian Anti-Money Laundering Law of 18 September 2017: Implements requirements for preventing money laundering in financial services, including mortgage servicing
Royal Decree of 29 October 2015 on mortgage credit: Provides detailed implementation rules for mortgage credit activities and servicing in Belgium
FSMA Regulations and Circulars: Guidelines and requirements from the Belgian Financial Services and Markets Authority regarding mortgage services
Belgian Civil Code (property law sections): Contains fundamental provisions on property rights and mortgage registration
MiFID II Implementation in Belgian Law: Regulations concerning financial instruments and services, affecting certain aspects of mortgage servicing
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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