Property Loan Note for Nigeria

Property Loan Note Template for Nigeria

A legally binding financial instrument used in Nigeria for property-backed lending, governed by Nigerian law including the Land Use Act 1978 and relevant banking regulations. This document establishes the terms and conditions of a loan secured against real property, detailing the loan amount, interest rates, repayment terms, and security arrangements. It incorporates specific requirements of Nigerian property law regarding land ownership and registration, while ensuring compliance with Central Bank of Nigeria regulations on secured lending.

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What is a Property Loan Note?

The Property Loan Note is a crucial document in Nigerian financial transactions where real estate is used as security for lending. This document type is commonly used when a borrower seeks financing against property assets, whether for property acquisition, development, or other business purposes. The note must comply with Nigerian banking regulations, particularly the Central Bank of Nigeria guidelines, and property laws including the Land Use Act 1978. It typically includes comprehensive details about the loan facility, property security, repayment terms, and enforcement mechanisms. The Property Loan Note is particularly important in the Nigerian context due to specific local requirements for land ownership, registration, and security creation.

What sections should be included in a Property Loan Note?

1. Parties: Identification of the Lender and Borrower with full legal names and addresses

2. Background: Context of the loan arrangement and brief description of the property being used as security

3. Definitions: Definitions of key terms used throughout the document

4. Loan Amount and Purpose: Specification of the loan amount, purpose, and any conditions precedent

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

6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions

7. Security Arrangements: Details of the property security, including registration requirements and restrictions

8. Borrower's Representations and Warranties: Borrower's confirmations regarding their capacity, property ownership, and other material facts

9. Borrower's Covenants: Ongoing obligations of the borrower regarding property maintenance, insurance, and loan compliance

10. Events of Default: Circumstances constituting default and consequences thereof

11. Enforcement Rights: Lender's rights and remedies in case of default, including property possession

12. Notices: Process for serving formal notices between parties

13. Governing Law and Jurisdiction: Confirmation of Nigerian law as governing law and jurisdiction for disputes

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

1. Insurance Requirements: Detailed insurance obligations - include if lender requires specific insurance coverage

2. Guarantor Provisions: Terms relating to guarantors - include if there are third-party guarantors

3. Assignment and Transfer: Rights to assign or transfer the loan - include if loan may be syndicated or transferred

4. Tax Provisions: Specific tax-related obligations - include if there are complex tax considerations

5. Further Assurance: Obligations to execute additional documents - include for complex security arrangements

6. Force Majeure: Provisions for unforeseen circumstances - include if specifically requested by parties

What schedules should be included in a Property Loan Note?

1. Property Description Schedule: Detailed legal description of the property including title information and registered encumbrances

2. Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and interest calculations

3. Conditions Precedent: List of conditions to be satisfied before loan disbursement

4. Form of Notice: Standard forms for various notices under the agreement

5. Insurance Requirements: Detailed specifications of required insurance coverage

6. Security Documents: Forms of additional security documents required

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Real Estate

Construction

Commercial Property

Residential Property

Legal Services

Property Development

Investment & Asset Management

Relevant Teams

Legal

Finance

Real Estate

Credit Risk

Compliance

Property Management

Investment

Due Diligence

Corporate Banking

Securities & Collateral

Relevant Roles

Legal Counsel

Finance Manager

Property Manager

Real Estate Developer

Bank Manager

Credit Risk Officer

Compliance Officer

Property Lawyer

Mortgage Officer

Investment Manager

Real Estate Investment Officer

Asset Manager

Due Diligence 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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