The Private Mortgage Loan Agreement serves as a critical legal instrument in private real estate financing within the United States. This document is typically used when individuals or private entities, rather than traditional financial institutions, provide mortgage financing. The agreement must comply with both federal regulations (including TILA, RESPA, and HOEPA) and state-specific mortgage and usury laws. It includes essential elements such as loan terms, security interests, payment schedules, default provisions, and required disclosures, while protecting both lender and borrower interests through clear documentation of obligations and rights.
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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 including defined terms required by federal and state regulations
4. Loan Amount and Terms: Principal amount, interest rate, and repayment terms including compliance with TILA requirements
5. Security Interest: Details of the mortgage security over the property and compliance with state security interest laws
6. Payment Terms: Payment schedule, method, and late payment provisions in compliance with state usury laws
7. Representations and Warranties: Statements of fact by borrower regarding their situation and the property
8. Default Provisions: Events of default and consequences, including state-specific foreclosure procedures
9. Governing Law: Applicable jurisdiction and law, including reference to relevant federal and state regulations
1. Insurance Requirements: Property insurance obligations and minimum coverage requirements
2. Property Maintenance Obligations: Requirements for property upkeep and maintenance standards
3. Prepayment Provisions: Terms for early loan repayment including any penalties or privileges
4. Transfer or Sale Provisions: Terms governing the sale or transfer of the property during the loan term
1. Property Description Schedule: Legal description of the mortgaged property including lot number, boundaries, and registry details
2. Payment Schedule: Detailed amortization schedule showing payment amounts, dates, and allocation between principal and interest
3. Required Insurance Schedule: Specific insurance requirements and minimum coverage amounts
4. Truth in Lending Disclosure Statement: Federally required disclosure of loan terms, costs, and APR as required by TILA
Relevant legal definitions
Agreement
Applicable Law
Borrower
Business Day
Closing Date
Default
Default Interest Rate
Default Notice
Encumbrance
Event of Default
Interest Rate
Lender
Loan
Loan Amount
Maturity Date
Mortgage
Mortgaged Property
Payment Date
Permitted Encumbrances
Principal Amount
Property
Repayment Schedule
Security
Security Interest
Term
Title Documents
Transaction Documents
Applicable Law
Borrower
Business Day
Closing Date
Default
Default Interest Rate
Default Notice
Encumbrance
Event of Default
Interest Rate
Lender
Loan
Loan Amount
Maturity Date
Mortgage
Mortgaged Property
Payment Date
Permitted Encumbrances
Principal Amount
Property
Repayment Schedule
Security
Security Interest
Term
Title Documents
Transaction Documents
Clauses
Loan Amount and Terms
Interest Rate
Repayment Terms
Security Interest
Property Description
Mortgage Covenants
Insurance Requirements
Default and Remedies
Prepayment Rights
Late Payment Penalties
Property Maintenance
Transfer Restrictions
Tax and Insurance Escrow
Representations and Warranties
Notice Requirements
Assignment and Transfer
Amendment and Modification
Governing Law
Dispute Resolution
Severability
Force Majeure
Indemnification
Recording and Registration
Acceleration
Due on Sale
Foreclosure Rights
Interest Rate
Repayment Terms
Security Interest
Property Description
Mortgage Covenants
Insurance Requirements
Default and Remedies
Prepayment Rights
Late Payment Penalties
Property Maintenance
Transfer Restrictions
Tax and Insurance Escrow
Representations and Warranties
Notice Requirements
Assignment and Transfer
Amendment and Modification
Governing Law
Dispute Resolution
Severability
Force Majeure
Indemnification
Recording and Registration
Acceleration
Due on Sale
Foreclosure Rights
Relevant Industries
Relevant Teams
Relevant Roles
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