The Contract Of Loan With Real Estate Mortgage is a fundamental document in Indian secured lending transactions, combining the elements of a loan agreement with real estate security creation. This document is typically used when a lender provides financing against the security of immovable property, whether for personal housing loans, commercial property financing, or business expansion purposes. The agreement must comply with multiple Indian legislations including the Transfer of Property Act, Registration Act, and SARFAESI Act, requiring mandatory registration and appropriate stamping. It provides comprehensive coverage of loan terms, security creation, enforcement rights, and serves as a primary document for both loan documentation and property security creation. The document is particularly crucial in the Indian context where real estate mortgages are a preferred form of security for substantial loans.
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1. Parties: Identification of the lender and borrower with complete details including registration/incorporation information for companies or individual details for persons
2. Background: Context of the loan requirement and brief description of the property being mortgaged
3. Definitions: Definitions of key terms used throughout the agreement including 'Property', 'Security Interest', 'Event of Default', etc.
4. Loan Amount and Purpose: Specification of the loan amount, purpose, and drawdown conditions
5. Interest and Repayment: Details of interest rate, calculation method, repayment schedule, and payment mechanisms
6. Security Creation: Creation of mortgage over the property, type of mortgage, and extent of security interest
7. Borrower's Representations and Warranties: Declarations regarding property ownership, absence of encumbrances, capacity to contract, etc.
8. Borrower's Covenants: Positive and negative covenants regarding property maintenance, insurance, usage, and further encumbrance
9. Events of Default: Circumstances constituting default and consequences thereof
10. Lender's Rights and Remedies: Rights of the lender in case of default, including property enforcement and sale
11. Expenses and Indemnity: Allocation of costs, expenses, and indemnification obligations
12. Notices: Method and addresses for serving notices between parties
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction of courts
1. Guarantor Provisions: Include when there is a third-party guarantor for the loan
2. Insurance Requirements: Detailed section when specific insurance requirements exceed standard property insurance
3. Property Maintenance and Management: Extended section when property is income-generating or requires specific maintenance standards
4. Pre-payment Terms: Include when early repayment is permitted with specific conditions
5. Assignment and Transfer: Include when either party may need to assign rights under the agreement
6. Step-in Rights: Include for commercial properties where lender may need to take control of property management
7. Force Majeure: Include when specific events beyond control need to be addressed separately from default provisions
1. Property Description Schedule: Detailed legal description of the mortgaged property including boundaries and registration details
2. Payment Schedule: Amortization table showing principal and interest breakup for each installment
3. Property Title Documents: List of title documents relating to the property
4. Insurance Requirements: Detailed specifications of required insurance coverage
5. Form of Drawdown Request: Standard format for requesting loan disbursement
6. Property Valuation Report: Summary of the professional valuation of the property
7. Existing Encumbrances: List of any existing charges or encumbrances on the property
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