Mortgage Loan Origination Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Mortgage Loan Origination Agreement

"I need a Mortgage Loan Origination Agreement for a Saudi Arabian Islamic bank that will be offering residential property financing to government employees, with specific provisions for electronic documentation and automated approval processes to be implemented by March 2025."

Document background
The Mortgage Loan Origination Agreement serves as the foundational document for property financing transactions in Saudi Arabia, establishing the framework under which financial institutions can originate and process mortgage loans in compliance with both Sharia principles and Saudi banking regulations. This agreement is essential when a financial institution begins a mortgage financing relationship with a borrower, detailing the entire process from application to approval, including all necessary documentation, compliance requirements, and obligations of each party. The document must align with the Saudi Real Estate Finance Law, SAMA regulations, and Islamic finance principles, while also incorporating consumer protection measures. The agreement typically includes comprehensive provisions for property evaluation, credit assessment, documentation requirements, and fee structures, making it a crucial document for both residential and commercial property financing in Saudi Arabia.
Suggested Sections

1. Parties: Identification of the loan originator, borrower, and any other relevant parties

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation principles

4. Sharia Compliance Declaration: Statement of compliance with Islamic finance principles and applicable Sharia guidelines

5. Scope of Services: Detailed description of loan origination services to be provided

6. Loan Originator's Rights and Obligations: Comprehensive list of the originator's responsibilities and rights

7. Borrower's Rights and Obligations: Detailed obligations and rights of the borrower

8. Loan Application Process: Steps and requirements for loan application and processing

9. Documentation Requirements: List of required documents and verification procedures

10. Fees and Charges: Detailed breakdown of all applicable fees and charges

11. Representations and Warranties: Statements of fact and assurances from both parties

12. Confidentiality: Provisions regarding confidential information handling

13. Data Protection: Requirements for handling personal and financial data

14. Term and Termination: Duration of agreement and termination provisions

15. Governing Law and Jurisdiction: Applicable Saudi law and jurisdiction provisions

Optional Sections

1. Third-Party Service Providers: Include when external service providers are involved in the loan origination process

2. Property Valuation: Include when the originator provides property valuation services

3. Insurance Requirements: Include when specific insurance requirements are handled by the originator

4. Special Conditions for Government Employees: Include when dealing with government employee borrowers who may have special provisions

5. Developer Financing Arrangements: Include when the property is part of a development project with special financing arrangements

6. Military Personnel Provisions: Include when dealing with military personnel who may have special benefits or requirements

7. Default and Remedies: Include detailed default provisions when required by the financial institution

8. Electronic Documentation: Include when electronic processing and documentation is offered

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

2. Schedule 2: Required Documentation Checklist: Comprehensive list of required documents for loan application

3. Schedule 3: Service Level Agreement: Timelines and performance standards for loan processing

4. Schedule 4: Compliance Requirements: Detailed SAMA and regulatory compliance requirements

5. Schedule 5: Property Evaluation Criteria: Standards and procedures for property evaluation

6. Appendix A: Application Form: Standard loan application form template

7. Appendix B: Sharia Guidelines: Relevant Sharia principles and compliance requirements

8. Appendix C: Privacy Policy: Detailed privacy and data protection policies

9. Appendix D: Power of Attorney Template: Standard format for power of attorney when 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

Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Real Estate

Islamic Finance

Construction & Development

Insurance

Legal Services

Property Management

Financial Technology

Mortgage Services

Relevant Teams

Legal

Compliance

Credit Risk

Mortgage Operations

Islamic Banking

Real Estate Finance

Documentation

Underwriting

Quality Assurance

Customer Relations

Relevant Roles

Mortgage Loan Officer

Credit Risk Manager

Sharia Compliance Officer

Legal Counsel

Real Estate Appraiser

Underwriting Manager

Relationship Manager

Property Finance Specialist

Compliance Officer

Documentation Specialist

Islamic Banking Officer

Senior Credit Analyst

Mortgage Operations Manager

Quality Assurance Specialist

Industries
Saudi Real Estate Finance Law (2012): Primary legislation governing mortgage financing in Saudi Arabia, establishing the framework for real estate financing activities and licensing requirements
Implementation Regulation of Real Estate Finance Law: Detailed regulations for implementing the Real Estate Finance Law, including specific requirements for mortgage agreements and protection of parties' rights
Banking Control Law (Royal Decree M/5): Regulates banking activities including mortgage lending, sets requirements for financial institutions and their operations
Saudi Arabian Monetary Authority (SAMA) Rules: Regulatory guidelines for financial institutions, including specific requirements for mortgage lending and consumer protection in financial services
Finance Companies Control Law: Governs non-bank financial institutions engaging in financing activities, including mortgage financing
Anti-Money Laundering Law (Royal Decree M/20): Establishes requirements for customer due diligence and transaction monitoring in financial services
Sharia Principles on Financial Transactions: Islamic law principles governing financial transactions, particularly regarding interest (riba) and ensuring compliance with Islamic finance structures
Civil Transactions Law: General principles governing contracts and civil transactions in Saudi Arabia
Consumer Protection Law (Royal Decree M/75): Protects consumers' rights in financial transactions, including transparency requirements and fair treatment principles
Enforcement Law (Royal Decree No. M/53): Governs the enforcement of financial securities and mortgages, including procedures for default and foreclosure
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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