Loan Agreement Secured By Property for the United Kingdom

Loan Agreement Secured By Property Template for England and Wales

A legally binding agreement under English and Welsh law that establishes the terms and conditions of a loan secured against real property. The agreement details the loan amount, interest rates, repayment terms, and creates a legal charge over the property as security. It includes both the lender's rights to enforce the security and the borrower's obligations regarding the property and loan repayment.

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What is a Loan Agreement Secured By Property?

A Loan Agreement Secured By Property is a fundamental document in secured lending transactions under English and Welsh law. It is used when a lender provides financing secured against real property, whether for residential mortgages, commercial property purchases, or development finance. The agreement combines elements of both a loan facility and security documentation, creating a comprehensive framework for the lending relationship. It should be used whenever a loan is being secured against property to protect the lender's interests and clearly define the borrower's obligations.

What sections should be included in a Loan Agreement Secured By Property?

1. Parties: Details of lender and borrower

2. Background: Context of the loan and security arrangement

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Principal sum and approved use of funds

5. Interest Rate and Calculations: Interest rate terms and calculation methodology

6. Repayment Terms: Payment schedule and methods

7. Security Provisions: Details of property charge and security arrangements

8. Borrower's Covenants: Borrower's obligations regarding property and loan

9. Events of Default: Circumstances constituting default

10. Enforcement Rights: Lender's rights upon default

What sections are optional to include in a Loan Agreement Secured By Property?

1. Insurance Requirements: Property insurance obligations - include when specific insurance requirements are needed

2. Guarantor Provisions: Terms relating to guarantors - include when loan includes guarantors

3. Early Repayment Terms: Conditions for early loan settlement - include when early repayment is permitted

4. Further Advances: Terms for additional borrowing - include when facility includes potential additional advances

What schedules should be included in a Loan Agreement Secured By Property?

1. Property Description Schedule: Detailed description of secured property

2. Repayment Schedule: Detailed payment schedule and amounts

3. Property Title Documents: Copies of relevant title documents

4. Special Conditions: Any special or additional terms

5. Form of Notices: Template notices required under the agreement

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Law of Property Act 1925: Primary legislation governing creation and enforcement of legal mortgages, defining requirements for legal charges over land, and setting out mortgagee's powers and remedies

Financial Services and Markets Act 2000 (FSMA): Regulates mortgage lending, requires FCA authorization, and sets conduct of business rules for mortgage providers

Consumer Credit Act 1974: Regulates consumer credit agreements, prescribes mandatory information and format requirements, and provides consumer protections when borrower is a consumer

Land Registration Act 2002: Establishes requirements for registration of charges, priority of mortgages, and notice requirements for property transactions

Mortgage Credit Directive Order 2015: Implements EU mortgage credit rules and applies specifically to residential mortgage lending

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Defines regulated mortgage activities under UK financial services law

Unfair Terms in Consumer Contracts Regulations 1999: Controls unfair terms in consumer contracts, with particular relevance to consumer mortgages

Consumer Rights Act 2015: Sets out fairness requirements and transparency obligations for consumer contracts including mortgages

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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