Private Mortgage Contract Template for Singapore

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Key Requirements PROMPT example:

Private Mortgage Contract

"Need a Private Mortgage Contract for a Singapore residential property worth SGD 2.5 million, with a 20-year term and 3.5% fixed interest rate, where the mortgagor is a private individual and the mortgagee is a licensed moneylender."

What is a Private Mortgage Contract?

The Private Mortgage Contract is essential for securing property-based loans in Singapore's real estate market. This document is used when private individuals or institutions lend money secured against property, establishing the rights and obligations of both parties. It must comply with Singapore's regulatory framework, including the Land Titles Act, MAS guidelines, and banking regulations. The contract typically includes detailed loan terms, property descriptions, repayment schedules, default provisions, and enforcement mechanisms. It's particularly relevant for private property transactions outside of standard bank mortgages.

What sections should be included in a Private Mortgage Contract?

1. Parties: Identification of mortgagor and mortgagee with full legal details

2. Background: Context of the mortgage arrangement and property details

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Terms: Principal amount, interest rate, repayment schedule

5. Security Details: Property description and security arrangement

6. Covenants: Mortgagor's obligations and promises

7. Events of Default: Circumstances constituting default and consequences

8. Remedies: Mortgagee's rights upon default

9. Governing Law: Singapore law clause and jurisdiction

What sections are optional to include in a Private Mortgage Contract?

1. Insurance Requirements: Property insurance obligations - include when specific insurance requirements are needed

2. Assignment Rights: Rights to assign the mortgage - include when assignment might be contemplated

3. Guarantor Provisions: Terms relating to guarantors - include when a guarantor is involved in the transaction

What schedules should be included in a Private Mortgage Contract?

1. Property Description Schedule: Detailed legal description of the mortgaged property

2. Payment Schedule: Detailed repayment terms and amortization table

3. Property Title Documents: Copies of relevant title documents

4. Valuation Report: Professional valuation of the property

5. Insurance Certificates: Copies of required insurance policies

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

Clauses
Industries

Land Titles Act (Chapter 157): Primary legislation governing registration of land titles, regulation of mortgages for registered land, and defining rights and obligations of mortgagors and mortgagees

Conveyancing and Law of Property Act (Chapter 61): Regulates property transactions and mortgages, sets out legal requirements for creating valid mortgages, and defines powers and remedies of mortgagees

Moneylenders Act (Chapter 188): Applicable if mortgagee is a moneylender; regulates interest rates, loan terms, and requirements for licensed moneylenders

Housing and Development Act (Chapter 129): Governs rules for HDB (public housing) properties, including restrictions on mortgaging and requirements for HDB approval

MAS Guidelines: Monetary Authority of Singapore guidelines covering Total Debt Servicing Ratio (TDSR) framework, Loan-to-Value (LTV) limits, and mortgage servicing ratio requirements

Banking Act (Chapter 19): Applicable if mortgagee is a bank; covers regulations on bank lending and security requirements

Personal Data Protection Act 2012: Governs handling of personal data in contracts and privacy requirements

Bankruptcy Act (Chapter 20): Covers implications of bankruptcy on mortgages and protection of creditor's interests

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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