The Mortgage Purchase Agreement is a specialized financial transaction document used in the German market when one financial institution wishes to transfer mortgage rights and obligations to another. This agreement is essential for portfolio transactions, bank restructurings, or strategic realignments of mortgage assets. It must comply with strict German regulatory requirements, including those set by BaFin (Federal Financial Supervisory Authority), and address specific requirements of the German Civil Code regarding property rights and security interests. The document typically covers detailed provisions for the transfer process, including land registry notifications, borrower communications, and ongoing servicing arrangements. Given the regulated nature of mortgage lending in Germany, the agreement must carefully address consumer protection requirements and banking regulations while ensuring effective transfer of the security interests.
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1. Parties: Identification of the seller and purchaser of the mortgage(s), including registration details as required under German law
2. Background: Context of the transaction, including brief description of the mortgage portfolio and purpose of the transfer
3. Definitions and Interpretation: Key terms used in the agreement, including specific German legal and banking terminology
4. Sale and Purchase: Core transaction terms, including identification of mortgages being sold and purchase price
5. Purchase Price and Payment: Detailed payment terms, mechanics, and conditions for payment
6. Transfer Mechanics: Process for transferring the mortgages, including land registry requirements and timing
7. Conditions Precedent: Prerequisites for completion, including regulatory approvals and registration requirements
8. Completion: Process and requirements for closing the transaction
9. Seller's Warranties: Representations regarding the validity and status of the mortgages, compliance with German law
10. Purchaser's Warranties: Representations regarding authority, capacity, and regulatory compliance
11. Regulatory Compliance: Obligations regarding German banking regulations and money laundering requirements
12. Notarization Requirements: Provisions regarding German notarization requirements and process
13. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
14. Confidentiality: Provisions regarding transaction confidentiality and data protection
15. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction provisions
1. Portfolio Management: Required when the purchaser appoints the seller or third party to manage the mortgage portfolio post-transfer
2. Borrower Notification: Include when specific borrower notification requirements are agreed between parties
3. Security Transfer: Required when additional security interests are being transferred with the mortgages
4. Interest and Charges Apportionment: Include when there are specific arrangements for handling accrued interest and charges
5. Regulatory Reporting: Required when specific reporting obligations to German regulatory authorities are agreed
6. Post-Completion Obligations: Include when parties agree to specific post-completion actions or cooperation
7. Data Protection: Detailed section required when substantial personal data is involved in the transfer
1. Schedule 1 - Mortgage Portfolio: Detailed list and description of all mortgages being transferred
2. Schedule 2 - Property Details: Information about the underlying properties, including land registry details
3. Schedule 3 - Form of Transfer Documents: Templates for required transfer documentation under German law
4. Schedule 4 - Completion Requirements: Detailed checklist of completion deliverables and requirements
5. Schedule 5 - Seller's Warranties: Detailed warranties regarding the mortgage portfolio
6. Appendix A - Power of Attorney: Form of power of attorney for registration purposes if required
7. Appendix B - Notice to Borrowers: Template for borrower notifications if required
8. Appendix C - Regulatory Filings: Forms and templates for required regulatory notifications
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