Mortgage Modification Agreement Template for Indonesia

A legal document governed by Indonesian law that amends the terms of an existing mortgage agreement between a lender and borrower. This agreement must comply with Indonesian Civil Code and Law No. 4 of 1996 on Mortgage Rights (Hak Tanggungan), and typically requires notarization and registration with the National Land Office (BPN). The document outlines modifications to terms such as interest rates, payment schedules, or loan duration while maintaining the original security interest in the property. It includes all necessary provisions for regulatory compliance and enforceability under Indonesian law.

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What is a Mortgage Modification Agreement?

A Mortgage Modification Agreement is essential when parties need to alter the terms of an existing mortgage arrangement in Indonesia. This document is commonly used during financial hardship, interest rate adjustments, or when restructuring payment terms to prevent default. It must comply with Indonesian banking regulations, particularly Law No. 4 of 1996 on Mortgage Rights and Financial Services Authority (OJK) regulations. The agreement typically requires notarization and registration with the National Land Office (BPN) to be legally effective. It includes details of the original mortgage, specific modifications being made, and confirmations that the original security remains valid. This document is particularly relevant in situations involving loan restructuring, payment term modifications, or interest rate adjustments, while ensuring all changes comply with Indonesian banking and property laws.

What sections should be included in a Mortgage Modification Agreement?

1. Parties: Identification of the lender and borrower, including their complete legal names, addresses, and registration details

2. Background: Recitals explaining the existing mortgage agreement, reason for modification, and confirmation that the original security remains in place

3. Definitions: Key terms used in the agreement, including references to the original mortgage agreement and new terms specific to the modification

4. Modification Terms: Specific changes to the original mortgage terms (e.g., interest rate, payment amount, loan term)

5. Confirmation of Other Terms: Affirmation that all other terms of the original mortgage remain unchanged and in full force

6. Representations and Warranties: Statements by borrower confirming their continued ability to meet obligations and that no defaults exist

7. Conditions Precedent: Requirements that must be met before the modification takes effect

8. Registration and Notarization: Requirements for registering the modification with relevant authorities and notarization requirements

9. Costs and Expenses: Allocation of costs related to the modification

10. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction

11. Execution: Signature blocks and execution requirements

What sections are optional to include in a Mortgage Modification Agreement?

1. Additional Security: Required if additional collateral is being added as part of the modification

2. Release of Guarantors: Include if any existing guarantors are being released from their obligations

3. New Guarantors: Required if new guarantors are being added as part of the modification

4. Insurance Requirements: Include if there are changes to insurance requirements

5. Default Cure: Include if the modification is being made to cure an existing default

6. Tax Provisions: Required if there are specific tax implications of the modification that need to be addressed

What schedules should be included in a Mortgage Modification Agreement?

1. Schedule 1 - Modified Payment Schedule: Detailed schedule of new payment amounts, dates, and interest calculations

2. Schedule 2 - Property Details: Updated description and registration details of the mortgaged property

3. Schedule 3 - Original Mortgage Agreement: Copy or details of the original mortgage agreement being modified

4. Appendix A - Required Regulatory Forms: Forms required by Indonesian authorities for registration of the modification

5. Appendix B - Consent Documents: Any required consent documents from third parties, guarantors, or regulatory authorities

6. Appendix C - Updated Insurance Certificates: If applicable, copies of updated insurance certificates reflecting any changes

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

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Mortgage Agreement

Cost

Free to use

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