Property Loan Agreement for Nigeria

Property Loan Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law that establishes the terms and conditions for a property-based loan between a lender and borrower. The agreement details the loan amount, interest rates, repayment terms, and creates a security interest over the specified property. It incorporates requirements under Nigerian banking regulations, property laws, and state-specific mortgage legislation, while ensuring compliance with the Central Bank of Nigeria's guidelines and the Land Use Act. The document includes provisions for default remedies, property maintenance obligations, and security enforcement mechanisms.

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What is a Property Loan Agreement?

The Property Loan Agreement is a fundamental document used in Nigerian financial and real estate transactions where a lender provides financing secured against real property. This agreement is essential when financial institutions or authorized lenders extend credit for property acquisition, development, or refinancing purposes. The document must comply with Nigerian banking regulations, including Central Bank of Nigeria directives, the Land Use Act, and relevant state property laws. It typically includes comprehensive terms covering loan disbursement, security creation, repayment obligations, property maintenance requirements, and default remedies. The agreement is particularly important in Nigeria's complex property market, where land tenure systems and state-specific regulations must be carefully considered.

What sections should be included in a Property Loan Agreement?

1. Parties: Identifies and defines the Lender and Borrower with full legal names and addresses

2. Background: Contextual information about the purpose of the loan and the property being financed

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the principal amount, currency, and permitted use of the loan funds

5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and payment periods

6. Repayment Terms: Outlines the repayment schedule, installment amounts, and payment methods

7. Security: Details of the property serving as security and creation of the legal charge/mortgage

8. Conditions Precedent: Conditions that must be satisfied before the loan is advanced

9. Borrower's Representations and Warranties: Statements of fact and assurances given by the borrower

10. Borrower's Covenants: Ongoing obligations and restrictions on the borrower

11. Events of Default: Circumstances that constitute default and trigger remedies

12. Lender's Rights and Remedies: Actions the lender can take in case of default

13. Costs and Expenses: Allocation of legal fees, registration costs, and other expenses

14. Notices: Process for formal communications between parties

15. Governing Law and Jurisdiction: Confirms Nigerian law governs and specifies jurisdiction for disputes

What sections are optional to include in a Property Loan Agreement?

1. Guarantor Provisions: Required when a third party guarantees the loan obligations

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

3. Additional Security: Used when additional collateral beyond the primary property is provided

4. Pre-payment Terms: Included when early repayment options are allowed

5. Assignment and Transfer: Required when either party may transfer their rights or obligations

6. Force Majeure: Included to address unforeseen circumstances affecting loan performance

7. Electronic Banking Provisions: Required when electronic payment methods are specified

8. Variable Interest Rate Provisions: Used when interest rate can vary during loan term

What schedules should be included in a Property Loan Agreement?

1. Property Description Schedule: Detailed legal description of the mortgaged property

2. Repayment Schedule: Detailed breakdown of payment dates and amounts

3. Conditions Precedent Documents: List of required documents and conditions to be satisfied

4. Fee Schedule: Breakdown of all applicable fees and charges

5. Insurance Requirements: Detailed specifications for required insurance coverage

6. Form of Notice: Template forms for various notices under the agreement

7. Property Valuation Report: Summary of the professional valuation of 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

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking

Real Estate

Financial Services

Property Development

Construction

Mortgage Services

Insurance

Legal Services

Property Investment

Relevant Teams

Legal

Credit Risk

Compliance

Real Estate

Loan Operations

Documentation

Property Services

Credit Administration

Due Diligence

Customer Relations

Relevant Roles

Legal Counsel

Loan Officer

Credit Risk Manager

Property Valuation Officer

Compliance Officer

Mortgage Specialist

Real Estate Manager

Banking Operations Manager

Credit Analyst

Documentation Specialist

Property Lawyer

Relationship Manager

Due Diligence Officer

Security Registration 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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