Contract Of Real Estate Mortgage Template for Saudi Arabia

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Key Requirements PROMPT example:

Contract Of Real Estate Mortgage

"I need a Contract of Real Estate Mortgage for a commercial property in Riyadh, where the mortgagor is a Saudi-registered LLC and the mortgagee is an Islamic bank, with the security to be registered by March 2025."

Document background
The Contract of Real Estate Mortgage is a fundamental document in Saudi Arabian property financing, used when creating security over real estate assets to secure financial obligations. It is essential for property purchases, development projects, and business financing where real estate collateral is required. The document must strictly comply with Saudi Arabia's Real Estate Mortgage Law and Sharia principles, making it distinct from conventional mortgages in other jurisdictions. The contract includes detailed property descriptions, parties' obligations, enforcement mechanisms, and specific provisions required by Saudi regulators and Sharia boards. It's commonly used by banks, real estate developers, and property owners in various commercial and residential transactions, requiring careful consideration of both local real estate regulations and Islamic finance principles.
Suggested Sections

1. Parties: Identification of the mortgagor (property owner), mortgagee (typically a bank or financial institution), and any other relevant parties

2. Background: Context of the mortgage agreement, including reference to the main financing agreement

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Property Details: Comprehensive description of the mortgaged property, including title deed information and registration details

5. Secured Obligations: Description of the debt or obligations secured by the mortgage

6. Grant of Mortgage: Formal creation of the mortgage right over the property

7. Representations and Warranties: Mortgagor's confirmations regarding property ownership, authority to mortgage, and absence of encumbrances

8. Covenants: Ongoing obligations of the mortgagor regarding property maintenance, insurance, and other requirements

9. Events of Default: Circumstances that constitute default and trigger enforcement rights

10. Enforcement Rights: Mortgagee's rights and procedures in case of default

11. Term and Termination: Duration of the mortgage and conditions for its release

12. Governing Law and Jurisdiction: Confirmation of Saudi law application and relevant courts

Optional Sections

1. Third Party Consent: Required when the property has existing rights or requires governmental approval

2. Insurance Requirements: Detailed insurance obligations when required by the mortgagee

3. Property Management: Specific requirements for property management during the mortgage term

4. Assignment and Transfer: Terms for transferring mortgage rights, if permitted

5. Multiple Properties: Additional provisions when the mortgage covers multiple properties

6. Foreign Ownership Provisions: Special provisions required when the mortgagor is a foreign entity

7. Sharia Compliance Declaration: Specific declarations regarding Sharia compliance when required by certain financial institutions

Suggested Schedules

1. Property Schedule: Detailed technical description of the property, including maps and boundaries

2. Title Documents: Copies of title deeds and registration certificates

3. Facility Agreement Details: Summary of the main financing agreement terms

4. Property Valuation Report: Independent valuation of the mortgaged property

5. Required Permits: Copies of relevant governmental permits and approvals

6. Insurance Certificates: Details of property insurance coverage

7. Power of Attorney: If applicable, power of attorney for mortgage registration or enforcement

8. Payment Schedule: Schedule of payments under the secured facility

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

Islamic Finance

Construction

Property Development

Insurance

Legal Services

Property Management

Mortgage Finance

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Compliance

Islamic Banking

Property Management

Credit Administration

Corporate Banking

Investment

Operations

Relevant Roles

Legal Counsel

Real Estate Manager

Property Finance Manager

Sharia Compliance Officer

Credit Risk Manager

Real Estate Development Director

Mortgage Officer

Property Lawyer

Banking Relationship Manager

Real Estate Investment Manager

Compliance Officer

Property Registration Officer

Islamic Banking Officer

Real Estate Finance Specialist

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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