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Mortgage Deed

Mortgage Deed Template for United Arab Emirates

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Key Requirements PROMPT example:

Mortgage Deed

"Need a UAE Mortgage Deed for a commercial property in Dubai Marina, with Islamic financing structure, to secure a 5-year facility of AED 15 million starting March 2025; must include specific provisions for property management and existing tenant rights."

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Document background
The Mortgage Deed is a crucial document in UAE real estate financing, used to create a legally enforceable security interest over real property. This document is essential when a property purchase is financed through a bank or financial institution, or when an existing property is used as security for a loan. The deed must comply with various UAE federal laws, including Federal Law No. 5 of 1985 (Civil Code) and Federal Law No. 14 of 2008 (Mortgage Law), as well as specific emirate-level regulations. The Mortgage Deed typically includes detailed property descriptions, parties' obligations, enforcement mechanisms, and often requires consideration of Sharia principles. It must be properly executed, notarized, and registered with the relevant Land Department to be legally effective.
Suggested Sections

1. Parties: Details of the Mortgagor (property owner) and Mortgagee (lending institution), including full legal names, addresses, and registration numbers for corporate entities

2. Background: Context of the mortgage arrangement, reference to the underlying facility or loan agreement, and brief description of the mortgaged property

3. Definitions: Definitions of key terms used throughout the deed, including 'Secured Obligations', 'Property', 'Facility Agreement', and 'Security Period'

4. Creation of Mortgage: Express declaration creating the mortgage, specification of the security interest, and confirmation of registration requirements

5. Secured Obligations: Detailed description of the obligations secured by the mortgage, including principal, interest, and other secured amounts

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

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

8. Mortgagor's Covenants: Ongoing obligations regarding property maintenance, insurance, payment of taxes, and restrictions on disposal

9. Events of Default: Circumstances constituting default and triggering enforcement rights

10. Enforcement Rights: Mortgagee's rights and remedies upon default, including power of sale

11. Registration and Notices: Requirements for registration of the mortgage and service of notices

12. Governing Law and Jurisdiction: Confirmation of UAE law application and jurisdiction of UAE courts

Optional Sections

1. Sharia Compliance: Required for Islamic mortgages - includes specific provisions ensuring compliance with Sharia principles

2. Off-Plan Properties: Additional provisions required for mortgages of properties under construction

3. Multiple Properties: Additional provisions when the mortgage covers more than one property

4. Property Management: Specific provisions regarding property management if the property is income-generating

5. Insurance Requirements: Detailed insurance obligations beyond standard requirements

6. Third Party Rights: Provisions dealing with existing tenancies or other third-party interests

7. Power of Attorney: Specific powers granted to the Mortgagee for property dealings

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property including plot number, area, boundaries, and any attachments or improvements

2. Title Documents: List and copies of relevant title documents and registration certificates

3. Facility Terms Schedule: Summary of key terms from the underlying facility agreement

4. Insurance Schedule: Details of required insurance coverage and specific requirements

5. Form of Notice: Template notices for various communications required under the deed

6. Property Plans: Official plans and drawings of the property

7. Existing Tenancies: Details of any existing lease agreements affecting the property

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Account Bank
Applicable Law
Business Day
Default
Default Rate
Disposal
Encumbrance
Event of Default
Facility
Facility Agreement
Finance Documents
Financial Indebtedness
Governmental Authority
Insurance Policies
Land Department
Lease
Mortgaged Property
Mortgagor's Obligations
Notice
Permitted Disposal
Permitted Encumbrance
Property
Property Rights
Registration Authority
Relevant Jurisdiction
Secured Amounts
Secured Obligations
Security
Security Interest
Security Period
Sharia Board
Taxes
Title Documents
Transaction Documents
UAE
Valuation
Relevant Industries

Banking

Real Estate

Financial Services

Islamic Finance

Construction

Property Development

Legal Services

Insurance

Relevant Teams

Legal

Real Estate

Mortgage Operations

Credit Risk

Compliance

Islamic Banking

Property Registration

Customer Relations

Document Management

Property Services

Relevant Roles

Legal Counsel

Property Lawyer

Mortgage Officer

Real Estate Manager

Compliance Officer

Islamic Finance Specialist

Credit Risk Manager

Property Registration Officer

Banking Relationship Manager

Real Estate Finance Manager

Conveyancing Lawyer

Notary Public

Land Registry Officer

Industries
UAE Civil Code (Federal Law No. 5 of 1985): Provides the fundamental legal framework for civil transactions including property rights, contractual obligations, and security interests
UAE Federal Mortgage Law (Law No. 14 of 2008): Regulates mortgage transactions and registration requirements for property mortgages in the UAE
Dubai Law No. 14 of 2008: Specifically governs mortgage regulations in Dubai, including registration requirements and enforcement procedures
UAE Central Bank Regulations on Mortgage Lending: Sets requirements for mortgage lending including maximum loan-to-value ratios and other lending criteria
Law No. 7 of 2006 (Dubai Property Registration Law): Governs the registration of real property and real property rights in Dubai
Federal Law No. 6 of 1985 concerning Islamic Banks: Relevant for ensuring Sharia compliance in mortgage transactions where Islamic financing is used
UAE Registration Law (Law No. 9 of 2009): Establishes requirements for registering property transactions and mortgages in the UAE land registry
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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