Mortgage Sales Contract for the United Kingdom

Mortgage Sales Contract Template for England and Wales

A Mortgage Sales Contract is a legally binding agreement governed by English and Welsh law that facilitates the transfer of mortgage rights and obligations from one party to another. The document outlines the terms and conditions of the sale, including purchase price, representations and warranties, and compliance with regulatory requirements under the Financial Services and Markets Act 2000 and related legislation. It includes provisions for the transfer of security, ongoing servicing arrangements, and borrower notifications.

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What is a Mortgage Sales Contract?

The Mortgage Sales Contract is essential for transactions involving the transfer of mortgage portfolios in England and Wales. It is commonly used in portfolio sales, securitizations, and bank restructuring scenarios. The document ensures compliance with UK financial regulations while protecting the interests of all parties involved. It includes detailed provisions for the transfer of mortgage rights, obligations, and security interests, along with representations and warranties about the quality of the mortgage assets. This contract type is particularly relevant in the current market where mortgage portfolio trading and securitization have become increasingly common.

What sections should be included in a Mortgage Sales Contract?

1. Parties: Identification of lender, borrower, and any guarantors, including full legal names and addresses

2. Background: Context of the mortgage sale, including property details, purpose of the agreement, and reference to relevant regulations

3. Definitions: Definitions of key terms used throughout the agreement, including financial, legal, and property-related terminology

4. Sale Details: Specific terms of the mortgage sale including price, payment terms, and completion date

5. Property Description: Detailed description of the mortgaged property, including title information and registered details

6. Representations and Warranties: Statements of fact about the mortgage and property, including seller's warranties and buyer's acknowledgments

7. Completion Requirements: Conditions for completing the sale, including required documentation and regulatory compliance

8. Regulatory Compliance: Specific provisions ensuring compliance with FSMA, CCA, and FCA requirements

9. Default and Remedies: Consequences of default and available remedies for both parties

What sections are optional to include in a Mortgage Sales Contract?

1. Third Party Rights: Optional section addressing rights of parties not directly involved in the contract, used when third parties have interest in the property

2. Assignment Provisions: Terms for transferring rights under the contract, included when assignment rights are relevant to the transaction

3. Break Clauses: Conditions for early termination of the agreement, included when early termination options are offered

4. Data Protection: Specific provisions for handling personal data under GDPR, included when extensive personal data processing is involved

What schedules should be included in a Mortgage Sales Contract?

1. Schedule 1 - Property Details: Detailed property information including title details, boundaries, and registered charges

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms, dates, and calculation of interest rates

3. Schedule 3 - Mortgage Terms: Full terms and conditions of the mortgage including repayment terms and conditions

4. Schedule 4 - Required Documentation: Comprehensive list of documents required for completion of the mortgage sale

5. Schedule 5 - Property Searches: Results of property searches, surveys, and environmental reports

6. Appendix A - Regulatory Disclosures: Required regulatory information and disclaimers under FSMA and FCA 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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, including mortgage sales and related activities

Consumer Credit Act 1974: Regulates credit agreements and provides consumer protection in financial transactions

Law of Property Act 1925: Fundamental legislation governing property law and mortgages in England and Wales

Land Registration Act 2002: Governs the registration of land and property rights, including mortgages, in England and Wales

Consumer Rights Act 2015: Provides protection for consumers and defines their rights in various transactions, including financial services

Mortgage Credit Directive Order 2015: Implements EU regulations on mortgage credit agreements for consumers in UK law

FCA Mortgage Conduct of Business Rules (MCOB): Detailed regulatory requirements for mortgage lenders and intermediaries regarding conduct of business

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers from unfair commercial practices, including misleading actions or omissions in mortgage sales

Financial Services (Distance Marketing) Regulations 2004: Regulates the remote selling of financial services, including online and telephone mortgage sales

Data Protection Act 2018: Implements UK GDPR requirements for handling personal data in financial transactions and customer relationships

Money Laundering Regulations 2017: Requirements for preventing money laundering and conducting due diligence in property transactions

Equality Act 2010: Ensures non-discrimination in the provision of financial services and mortgage products

Financial Services Act 2012: Updated regulatory framework for financial services, including amendments to FSMA 2000

Mortgages and Home Finance: Conduct of Business sourcebook: Detailed FCA guidance on mortgage sales, administration, and related activities

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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