Letter Of Mortgage Template for Indonesia

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Key Requirements PROMPT example:

Letter Of Mortgage

"I need a Letter of Mortgage drafted under Indonesian law for a commercial warehouse property in Jakarta valued at USD 2.5 million, where the mortgage will secure a 5-year business loan starting March 2025, with specific provisions for insurance requirements and environmental compliance."

Document background
A Letter of Mortgage is a crucial document in Indonesian property financing and security arrangements. It is primarily used when a property owner (mortgagor) needs to secure a loan or other obligation by offering their property as collateral to a lender (mortgagee). The document must comply with Indonesian Law No. 4 of 1996 on Mortgages of Land and Land-Related Objects (Hak Tanggungan) and requires execution before a Land Deed Official (PPAT). This document is essential in both commercial and residential property transactions, containing detailed information about the mortgaged property, loan terms, obligations of parties, and enforcement rights. It serves as a legally binding instrument that protects the interests of both the lender and borrower while ensuring compliance with Indonesian property and banking regulations.
Suggested Sections

1. Date and Place of Execution: Specific date and location where the mortgage letter is executed

2. Parties: Details of the mortgagor (property owner) and mortgagee (usually a bank or financial institution), including full legal names, addresses, and representation details

3. Property Details: Complete description of the mortgaged property, including certificate numbers, location, boundaries, and land title details

4. Loan Details: Specifics of the underlying loan or credit facility being secured, including principal amount, interest rate, and term

5. Mortgage Rights: Declaration of the mortgage rights being granted, including the maximum amount secured

6. Obligations and Covenants: Key obligations of the mortgagor, including property maintenance, insurance, and payment obligations

7. Default Provisions: Circumstances constituting default and the mortgagee's rights in such events

8. Execution Clause: Statement of agreement to the terms and conditions

9. Signature Block: Space for signatures of all parties, witnesses, and notary

Optional Sections

1. Third Party Consent: Required when the property involves spousal rights or other third-party interests

2. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required

3. Special Payment Arrangements: Used when there are specific payment terms or conditions

4. Property Use Conditions: When there are specific restrictions or conditions on property use during the mortgage period

5. Power of Attorney: When specific powers are granted to the mortgagee for certain actions

6. Environmental Clauses: Required for properties with potential environmental concerns or obligations

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property, including maps, certificates, and land measurements

2. Payment Schedule: Detailed breakdown of payment obligations, including principal and interest payments

3. Property Documents: Copies of land certificates, building permits, and other relevant property documentation

4. Insurance Certificates: Copies of required insurance policies and certificates

5. Valuation Report: Professional valuation report of the mortgaged property

6. Prior Encumbrances: List of any existing encumbrances or rights affecting the property

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

Relevant legal definitions
Clauses
Relevant Industries

Banking

Real Estate

Property Development

Financial Services

Construction

Agriculture (for agricultural land)

Commercial Property

Residential Property

Industrial Property

Infrastructure Development

Relevant Teams

Legal

Credit Risk

Mortgage Operations

Property Management

Compliance

Real Estate

Corporate Banking

Retail Banking

Documentation

Risk Assessment

Property Valuation

Land Registration

Relevant Roles

Legal Counsel

Bank Manager

Loan Officer

Property Manager

Real Estate Developer

Risk Manager

Compliance Officer

Credit Analyst

Property Valuer

Mortgage Specialist

Land Registration Officer

Corporate Secretary

Financial Controller

Branch Manager

Legal Documentation Specialist

Industries
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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