The Private Mortgage Loan Agreement is essential for situations where private individuals or entities, rather than traditional banking institutions, provide mortgage financing in Switzerland. This document is crucial for protecting both lender and borrower interests in private real estate financing transactions. It must comply with Swiss federal and cantonal regulations, including the Swiss Code of Obligations and Civil Code, while addressing specific requirements for property security, mortgage certificate (Schuldbrief) registration, and interest rate provisions. The agreement becomes particularly relevant in cases of private wealth management, family loans, or alternative financing arrangements outside the traditional banking sector. It includes comprehensive provisions for loan terms, security arrangements, borrower obligations, default scenarios, and enforcement mechanisms, all tailored to Swiss legal requirements.
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1. Parties: Identification of the lender and borrower with full legal names, addresses, and any registration details
2. Background: Context of the loan agreement, including purpose of the loan and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount and confirmed purpose of the mortgage loan
5. Interest Rate: Details of the applicable interest rate, calculation method, and payment terms
6. Term and Repayment: Duration of the loan and detailed repayment schedule
7. Security: Description of the mortgage security, including property details and registration requirements
8. Representations and Warranties: Statements of fact and assurances from the borrower regarding their situation and the property
9. Borrower's Covenants: Ongoing obligations of the borrower including property maintenance and insurance requirements
10. Events of Default: Circumstances that constitute default and their consequences
11. Lender's Rights and Remedies: Actions the lender can take in case of default or breach
12. Costs and Expenses: Allocation of costs related to the loan, including setup fees and enforcement costs
13. Notices: How formal communications between parties should be made
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Insurance Requirements: Detailed insurance obligations when not covered in standard covenants or requiring specific emphasis
2. Prepayment Provisions: Terms for early repayment if allowed, including any penalties or calculations
3. Property Valuation: Specific requirements for property valuation when regular assessments are required
4. Additional Security: When additional security beyond the primary mortgage is required
5. Co-borrower Provisions: When there are multiple borrowers or guarantors
6. Foreign Currency Provisions: When the loan or payments involve non-Swiss franc currencies
7. Tax Provisions: Specific tax-related obligations when complex tax situations apply
8. Assignment and Transfer: Rights to assign or transfer the loan, if permitted
1. Property Description: Detailed legal description of the mortgaged property including land registry details
2. Repayment Schedule: Detailed amortization table showing payment dates and amounts
3. Insurance Requirements: Specific details of required insurance coverage and terms
4. Form of Mortgage Certificate: Template or copy of the mortgage certificate (Schuldbrief)
5. Initial Property Valuation: Professional valuation report of the property
6. Required Documents: List of documents required from the borrower (e.g., income statements, tax returns)
7. Fee Schedule: Detailed breakdown of all applicable fees and charges
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