The Equity Loan Agreement is essential when property owners seek to access the accumulated equity in their real estate. This contract type is commonly used across the United States for both residential and commercial properties, requiring careful attention to both federal regulations and state-specific requirements. The agreement must incorporate mandatory consumer protections, including clear disclosure of terms, interest rates, and fees as required by federal laws such as TILA and HOEPA. It serves as the primary document establishing the rights and obligations of both lender and borrower, including security interests, default provisions, and remedies.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and property details
3. Definitions: Key terms used throughout the agreement
4. Loan Amount and Terms: Principal amount, interest rate, and repayment terms
5. Security Interest: Details of the property serving as collateral
6. Representations and Warranties: Statements of fact by borrower regarding their situation and the property
7. Covenants: Ongoing obligations of the borrower
8. Events of Default: Circumstances constituting default and consequences
9. Remedies: Lender's rights upon default
1. Insurance Requirements: Specific insurance obligations beyond standard property insurance requirements
2. Prepayment Provisions: Terms and conditions for early repayment including any penalties or specific terms
3. Cross-Default Provisions: Provisions linking this agreement to other loans with the same lender
1. Property Description Schedule: Detailed legal description of the secured property
2. Payment Schedule: Detailed repayment schedule including dates and amounts
3. Required Insurance Schedule: Specific insurance requirements and minimum coverage amounts
4. Fee Schedule: Breakdown of all applicable fees and charges
5. Required Notices: State and federal required disclosure notices
Relevant legal definitions
Agreement
Applicable Law
Borrower
Business Day
Collateral
Default
Default Rate
Encumbrance
Equity
Event of Default
Fair Market Value
Governmental Authority
Interest Rate
Lender
Lien
Loan
Loan Amount
Loan Documents
Maturity Date
Monthly Payment
Mortgage
Note
Obligations
Payment Date
Permitted Encumbrances
Person
Principal Balance
Property
Repayment Schedule
Security Interest
Term
Title
Transfer
Applicable Law
Borrower
Business Day
Collateral
Default
Default Rate
Encumbrance
Equity
Event of Default
Fair Market Value
Governmental Authority
Interest Rate
Lender
Lien
Loan
Loan Amount
Loan Documents
Maturity Date
Monthly Payment
Mortgage
Note
Obligations
Payment Date
Permitted Encumbrances
Person
Principal Balance
Property
Repayment Schedule
Security Interest
Term
Title
Transfer
Clauses
Loan Amount and Terms
Interest Rate and Calculations
Security Interest
Repayment Terms
Property Valuation
Representations and Warranties
Borrower Covenants
Insurance Requirements
Default and Remedies
Prepayment
Late Payment
Property Maintenance
Assignment and Transfer
Notices
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Amendments and Modifications
Severability
Further Assurances
Costs and Expenses
Title and Ownership
Acceleration
Cross-Default
Recordation
Due on Sale
Tax and Insurance Escrow
Subordination
Survival
Interest Rate and Calculations
Security Interest
Repayment Terms
Property Valuation
Representations and Warranties
Borrower Covenants
Insurance Requirements
Default and Remedies
Prepayment
Late Payment
Property Maintenance
Assignment and Transfer
Notices
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Amendments and Modifications
Severability
Further Assurances
Costs and Expenses
Title and Ownership
Acceleration
Cross-Default
Recordation
Due on Sale
Tax and Insurance Escrow
Subordination
Survival
Relevant Industries
Relevant Teams
Relevant Roles
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