Consent To Mortgage Form for Malaysia

Consent To Mortgage Form Template for Malaysia

A Consent to Mortgage Form is a legal document used in Malaysian property transactions where a party with interest in a property provides formal consent for the creation of a mortgage over that property. The document is governed by Malaysian law, particularly the National Land Code 1965, and must comply with local land office registration requirements. It serves as a crucial instrument in securing property financing by ensuring all relevant parties with interest in the property have formally agreed to the mortgage arrangement. The document includes detailed property information, parties' particulars, and specific consent declarations that make it legally binding and registrable with Malaysian land authorities.

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What is a Consent To Mortgage Form?

The Consent To Mortgage Form is a fundamental document in Malaysian property financing transactions, required when any party holding an interest in a property needs to provide formal consent for a mortgage to be created. This document becomes necessary in various scenarios, such as when co-owners, trustees, or beneficiaries need to consent to a mortgage, or when spousal consent is required for matrimonial properties under Malaysian law. The form must comply with the National Land Code 1965 and related regulations, containing specific declarations, property details, and proper execution formalities to be acceptable for registration with the land office. It serves as a protective measure for all parties involved, including the financial institution, by ensuring that all interested parties have acknowledged and agreed to the mortgage arrangement.

What sections should be included in a Consent To Mortgage Form?

1. Title of Document: Clearly states this is a 'Consent to Mortgage' form with reference number

2. Parties: Identifies all relevant parties: Consenting Party (e.g., co-owner, trustee), Property Owner/Mortgagor, and Intended Mortgagee (Bank/Financial Institution)

3. Property Details: Full legal description of the property including title details, lot number, and address

4. Declaration of Interest: States the consenting party's legal interest in the property

5. Consent Statement: Express statement of consent to the creation of the mortgage

6. Mortgage Details: Basic details of the proposed mortgage including the facility amount

7. Execution Block: Space for signatures, witness details, and attestation

What sections are optional to include in a Consent To Mortgage Form?

1. Spousal Consent: Required when the property is a matrimonial home under Malaysian law

2. Corporate Authorization: Required when the consenting party is a company, including board resolution details

3. Conditions to Consent: Any specific conditions attached to the consent, if applicable

4. Interpretation: Definitions section needed if technical terms are used or complex arrangements are involved

5. Revocation Clause: Terms under which the consent may be revoked, if applicable

What schedules should be included in a Consent To Mortgage Form?

1. Copy of Title: Certified copy of the land title showing ownership details

2. Identity Documents: Copies of relevant identification documents of the consenting party

3. Corporate Documents: For corporate consenters: Board Resolution, Company Constitution, etc.

4. Property Plan: Copy of the property plan or sketch plan if required for identification purposes

5. Power of Attorney: If consent is given through an attorney, copy of the power of attorney document

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

Malaysia

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant Industries

Banking and Financial Services

Real Estate

Legal Services

Property Development

Construction

Housing Development

Commercial Property

Residential Property

Relevant Teams

Legal

Conveyancing

Mortgages

Property Administration

Compliance

Real Estate

Banking Operations

Documentation

Land Registry

Relevant Roles

Legal Counsel

Property Lawyer

Conveyancing Executive

Bank Manager

Mortgage Officer

Property Manager

Real Estate Agent

Land Administrator

Company Secretary

Compliance Officer

Legal Executive

Property Developer

Title Insurance Officer

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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