Reverse Mortgage Agreement Template for Philippines

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Key Requirements PROMPT example:

Reverse Mortgage Agreement

"I need a Reverse Mortgage Agreement for a residential property in Manila valued at ₱15 million, where the elderly borrower requires monthly disbursements and wants to ensure their spouse can continue living in the property after their death."

Document background
The Reverse Mortgage Agreement is a specialized financial instrument used in the Philippines when elderly homeowners wish to convert their home equity into accessible funds while continuing to live in their property. This document is essential when establishing a reverse mortgage arrangement, particularly for seniors who want to supplement their retirement income without selling their home or making monthly loan payments. The agreement must comply with Philippine banking regulations, property laws, and consumer protection standards, including requirements set by the Bangko Sentral ng Pilipinas. It covers crucial elements such as loan terms, property obligations, borrower rights, default provisions, and repayment conditions, typically triggered by the borrower's death, permanent move-out, or property sale. The document is structured to protect both the lender's security interest and the borrower's rights, with special consideration for the unique aspects of reverse mortgages in the Philippine context.
Suggested Sections

1. Parties: Identifies the lender (financial institution) and borrower (property owner), including their complete legal names, addresses, and contact details

2. Background: Explains the purpose of the reverse mortgage, confirms the borrower's ownership of the property, and states the borrower's qualification for the reverse mortgage

3. Definitions: Defines key terms used throughout the agreement, including technical banking terms and specific reverse mortgage concepts

4. Property Details: Comprehensive description of the mortgaged property, including its legal description, title details, and current market value

5. Loan Terms: Specifies the maximum loan amount, interest rate, method of disbursement (lump sum or periodic payments), and terms of compounding interest

6. Borrower's Obligations: Details the borrower's responsibilities including property maintenance, payment of taxes, insurance, and other ongoing obligations

7. Conditions for Loan Maturity: Specifies events that trigger loan repayment, such as death, permanent move-out, sale of property, or breach of agreement terms

8. Property Sale and Settlement: Procedures for property sale and loan settlement when the loan becomes due

9. Rights of Occupancy: Confirms the borrower's right to occupy the property for life, subject to meeting ongoing obligations

10. Insurance Requirements: Specifies required insurance coverage for the property and any additional insurance requirements

11. Default Provisions: Defines what constitutes default and the lender's remedies in case of default

12. Representations and Warranties: Statements of fact and promises made by both parties

13. Governing Law and Jurisdiction: Specifies that Philippine law governs the agreement and identifies jurisdiction for dispute resolution

Optional Sections

1. Power of Attorney: Required when the borrower designates someone to act on their behalf in matters relating to the reverse mortgage

2. Co-borrower Provisions: Included when there are multiple borrowers (e.g., spouses) on the reverse mortgage

3. Future Advance Provisions: Used when the reverse mortgage includes a line of credit or periodic payment options

4. Heritage Property Provisions: Required for properties with historical or cultural significance under Philippine law

5. Home Equity Protection: Additional provisions protecting a portion of home equity for heirs

6. Counseling Certification: Documentation of required financial counseling, if mandated by Philippine regulations

7. Special Needs Provisions: Additional protections for borrowers with disabilities or special needs

Suggested Schedules

1. Property Title Documents: Certified copies of property ownership documents and title registration

2. Property Valuation Report: Professional appraisal of the property's current market value

3. Payment Schedule: Details of how and when loan proceeds will be disbursed to the borrower

4. Insurance Certificates: Copies of required insurance policies and coverage details

5. Tax Certificates: Current tax declarations and payment status for the property

6. Property Maintenance Standards: Detailed requirements for property upkeep and maintenance

7. Interest Rate Calculation Method: Detailed explanation of how interest is calculated and compounded

8. Borrower's Financial Assessment: Analysis of borrower's ability to maintain property obligations

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

Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Real Estate

Insurance

Senior Care Services

Legal Services

Property Management

Financial Advisory

Mortgage Services

Relevant Teams

Legal

Mortgage Operations

Risk Management

Compliance

Real Estate Operations

Customer Relations

Credit Assessment

Document Processing

Property Valuation

Senior Banking Services

Estate Planning

Insurance Services

Relevant Roles

Mortgage Officer

Legal Counsel

Financial Advisor

Senior Loan Officer

Risk Assessment Manager

Property Appraiser

Compliance Officer

Estate Planning Attorney

Senior Banking Manager

Consumer Protection Officer

Real Estate Manager

Insurance Underwriter

Credit Risk Analyst

Senior Wealth Manager

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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