The Mortgage Agreement Form is a crucial legal document used in Hong Kong real estate financing transactions to create a security interest over property in favor of a lender. It is essential for both residential and commercial property purchases where financing is required. The document must comply with Hong Kong's legal framework, particularly the Conveyancing and Property Ordinance and Banking Ordinance, and typically follows standard forms approved by the Hong Kong Monetary Authority. The agreement includes comprehensive details about the loan terms, property specifications, parties' obligations, enforcement rights, and necessary protections for both lender and borrower. This document is fundamental to Hong Kong's property market and banking system, providing the legal framework for secured property lending.
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1. Parties: Identification of the mortgagor (borrower), mortgagee (lender), and their respective details
2. Background: Context of the mortgage agreement, including brief property description and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive legal description of the mortgaged property including lot number, address, and registered particulars
5. Loan Amount and Terms: Principal amount, interest rate, term of loan, and repayment structure
6. Security Creation: Legal language creating the mortgage security interest over the property
7. Borrower's Covenants: Obligations of the borrower including property maintenance, insurance, and payment obligations
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Events of Default: Circumstances constituting default and consequences thereof
10. Enforcement Rights: Lender's rights and remedies upon default, including power of sale
11. Insurance Requirements: Mandatory insurance coverage for the property
12. Costs and Expenses: Allocation of legal fees, stamp duty, and other costs
13. Notices: Process and requirements for formal communications between parties
14. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and jurisdiction
1. Guarantor Provisions: Required when there is a guarantor for the mortgage loan
2. Property Management: Required for properties in multi-unit buildings or estates with management obligations
3. Prepayment Terms: Include when early repayment is permitted with specific terms
4. Special Payment Arrangements: Required when implementing non-standard payment structures
5. Additional Security: Include when other assets are provided as supplementary security
6. Construction Provisions: Required for properties under construction or pending renovation
7. Multiple Borrowers: Include when there are joint borrowers to specify joint and several liability
1. Property Schedule: Detailed property information including title documents and encumbrances
2. Payment Schedule: Detailed breakdown of payment installments, dates, and amounts
3. Insurance Schedule: Specific insurance requirements and minimum coverage amounts
4. Special Conditions Schedule: Any special terms or conditions specific to this mortgage
5. Fees Schedule: Breakdown of all applicable fees, charges, and costs
6. Required Documents Schedule: List of all documents required for mortgage completion
7. Standard Terms and Conditions: Bank's standard mortgage terms and conditions incorporated by reference
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