Standard Mortgage Contract Template for Philippines

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Key Requirements PROMPT example:

Standard Mortgage Contract

"I need a Standard Mortgage Contract for a residential property in Manila, with a loan amount of 5 million pesos and a 15-year term, to be executed by March 2025; the property will be used as my primary residence."

Document background
The Standard Mortgage Contract is a fundamental legal instrument in Philippine real estate financing, used when a borrower seeks to obtain a loan secured by real property. This document is essential for both residential and commercial property transactions in the Philippines, incorporating requirements from the Civil Code, Property Registration Decree, and BSP regulations. The Standard Mortgage Contract serves multiple purposes: it creates a legally enforceable security interest in the property, protects the lender's rights in case of default, establishes the borrower's obligations, and ensures compliance with local registration requirements. It's particularly important in the Philippine context due to specific local requirements for property registration, notarization, and the involvement of the Register of Deeds. The document must be carefully drafted to include all mandatory provisions required by Philippine law while remaining clear and enforceable.
Suggested Sections

1. Parties: Identification of the Mortgagor (borrower) and Mortgagee (lender) with complete details as required by Philippine law

2. Background: Context of the mortgage agreement, including the loan arrangement and property acquisition

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terms

4. The Mortgaged Property: Detailed description of the property including technical description, boundaries, and certificate of title details

5. Loan Details: Specifics of the loan amount, interest rate, term, and payment schedule

6. Creation of Mortgage: Express provision creating the mortgage and its scope

7. Representations and Warranties: Declarations by the Mortgagor regarding ownership, authority to mortgage, and property condition

8. Covenants: Ongoing obligations of the Mortgagor including property maintenance, insurance, and payment of taxes

9. Events of Default: Circumstances constituting default and their consequences

10. Remedies: Rights and remedies of the Mortgagee upon default, including foreclosure procedures

11. Insurance: Requirements for property insurance and assignment of policies

12. Assignment and Transfer: Provisions regarding the transfer or assignment of the mortgage

13. Notices: Process for giving notices between parties

14. Governing Law: Confirmation of Philippine law as governing law and jurisdiction

15. Execution: Signature blocks and notarization requirements

Optional Sections

1. Security Provisions: Additional security arrangements beyond the primary mortgage, used when additional collateral is required

2. Co-Borrower Provisions: Required when there are co-borrowers involved in the mortgage

3. Property Development: Included for mortgages on properties under development or construction

4. Condominium Provisions: Specific provisions required for condominium properties

5. Agricultural Land Provisions: Special provisions required for agricultural land under mortgage

6. Foreign Ownership Compliance: Required when the transaction involves foreign nationals or corporations

7. Electronic Communications: Optional provisions for electronic notifications and documentation

Suggested Schedules

1. Schedule A - Property Description: Technical description of the property, including boundaries and certificate of title details

2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment dates and amounts

3. Schedule C - Insurance Requirements: Specific insurance requirements and minimum coverage amounts

4. Schedule D - Property Documents: List of property-related documents provided by the Mortgagor

5. Appendix 1 - Form of Notice: Standard format for notices under the agreement

6. Appendix 2 - Property Photos: Recent photographs of the mortgaged property

7. Appendix 3 - Required Permits: Copies of relevant permits and certificates

8. Appendix 4 - Tax Declarations: Current tax declarations and receipts for 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

Relevant legal definitions
Clauses
Relevant Industries

Banking

Real Estate

Financial Services

Insurance

Legal Services

Construction

Property Development

Housing

Mortgage Lending

Real Estate Investment

Relevant Teams

Legal

Mortgage Operations

Credit Risk

Compliance

Real Estate

Loan Processing

Documentation

Property Services

Underwriting

Customer Service

Relevant Roles

Legal Counsel

Mortgage Officer

Loan Officer

Credit Analyst

Risk Manager

Bank Manager

Real Estate Attorney

Compliance Officer

Property Manager

Real Estate Agent

Branch Manager

Underwriter

Document Specialist

Legal Assistant

Banking Operations Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the fundamental legal framework for contracts, property rights, and obligations in the Philippines, including provisions on mortgage contracts under Book V on Special Contracts
Property Registration Decree (Presidential Decree No. 1529): Governs the registration of real property and mortgage interests, including the procedures for recording mortgages with the Register of Deeds
The General Banking Law of 2000 (Republic Act No. 8791): Regulates banking transactions including mortgage loans, setting requirements for banks and financial institutions in mortgage lending
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumers in credit transactions, including mortgage loans, requiring specific disclosures and prohibiting unfair practices
The Real Estate Service Act of 2009 (Republic Act No. 9646): Provides regulations regarding real estate transactions and professional services related to property dealings
Bangko Sentral ng Pilipinas (BSP) Circulars on Real Estate Loans: Central Bank regulations that set standards for real estate loans, including loan-to-value ratios, borrower qualification requirements, and other prudential limits
Anti-Money Laundering Act (Republic Act No. 9160): Imposes requirements for verification and documentation in real estate transactions to prevent money laundering
Electronic Commerce Act (Republic Act No. 8792): Relevant for electronic documentation and signatures in mortgage contracts when processed digitally
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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