Real Estate Mortgage Agreement Template for Belgium

The Real Estate Mortgage Agreement is a crucial document in Belgian secured lending transactions, required whenever real property is used as collateral for a loan or other financial obligation. It must be executed in notarial form to comply with Belgian legal requirements and registered in the mortgage register to establish priority rights. The agreement is commonly used in both residential and commercial property financing, containing detailed provisions about the mortgaged property, secured obligations, and enforcement rights. Belgian law requires specific formalities and content, including accurate property descriptions, maximum secured amounts, and duration of the security. The document also needs to address consumer protection requirements for residential mortgages and include specific provisions required by the Belgian Civil Code and Mortgage Law.

1. Parties: Identification of the Mortgagor (property owner), Mortgagee (lender), and any other relevant parties including their full legal details as required by Belgian law

2. Background: Context of the mortgage agreement, including reference to any underlying loan or credit agreement

3. Definitions: Definitions of key terms used throughout the agreement, including specific Belgian legal terminology

4. Property Description: Detailed description of the mortgaged property including cadastral references and land registry details as required under Belgian law

5. Mortgage Creation: Formal creation of the mortgage right, including the maximum amount secured and ranking of the mortgage

6. Secured Obligations: Description of the obligations secured by the mortgage, including principal, interest, and other secured amounts

7. Duration and Registration: Term of the mortgage and provisions regarding registration in the mortgage register

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

9. Mortgagor's Obligations: Ongoing obligations including property maintenance, insurance, payment of taxes, and restrictions on disposal

10. Rights and Remedies: Mortgagee's rights in case of default, including enforcement procedures under Belgian law

11. Insurance and Loss Payee Provisions: Requirements for property insurance and designation of mortgagee as loss payee

12. Costs and Expenses: Allocation of costs including notarial fees, registration duties, and enforcement costs

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