Mortgage Spreader Agreement Template for Australia

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Key Requirements PROMPT example:

Mortgage Spreader Agreement

"I need a Mortgage Spreader Agreement to extend our existing residential mortgage with ABC Bank to cover an additional investment property in Sydney, with completion required by March 2025 and inclusion of my spouse as guarantor."

Document background
The Mortgage Spreader Agreement is a crucial document in Australian property financing that allows lenders to expand the security coverage of an existing mortgage to include additional properties without creating a new mortgage document. This type of agreement is commonly used when borrowers acquire new properties and want to include them under their existing financing arrangement, or when additional security is required for existing facilities. The document must comply with Australian state and federal legislation, including property law, banking regulations, and consumer protection requirements. A Mortgage Spreader Agreement typically includes details of the original mortgage, descriptions of all properties involved, consent provisions, and registration requirements. It's particularly relevant in property development, refinancing situations, and portfolio expansion scenarios where efficiency in documentation is desired.
Suggested Sections

1. Parties: Identifies all parties including the mortgagor, mortgagee, and any guarantors

2. Background: Recitals explaining the existing mortgage, the additional property, and the intention to spread the mortgage

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles, including reference to the original mortgage definitions

4. Agreement to Spread Mortgage: Core agreement to spread the existing mortgage to cover the additional property

5. Original Mortgage: Confirmation of the existing mortgage details and its continuing effect

6. Additional Property: Detailed description and particulars of the property being added to the mortgage security

7. Registration and Lodgment: Requirements and procedures for registering the spreader agreement

8. Representations and Warranties: Standard representations regarding property ownership, authority to enter agreement, and absence of encumbrances

9. Costs and Stamp Duty: Allocation of costs and responsibility for any applicable stamp duty

10. General Provisions: Standard boilerplate clauses including notices, governing law, and execution requirements

Optional Sections

1. Consent of Guarantor: Required when the original mortgage includes guarantors who need to consent to the spreading arrangement

2. Priority Arrangements: Needed when there are other registered interests on the additional property requiring priority consideration

3. Environmental Matters: Required when the additional property has known environmental issues or requires specific environmental warranties

4. Strata Title Provisions: Included when the additional property is under strata title

5. Cross-Collateralization: Required when multiple properties are being cross-secured beyond simple spreading

6. Electronic Lodgment: Specific provisions for electronic lodgment where available in the relevant jurisdiction

Suggested Schedules

1. Schedule 1 - Original Mortgage Details: Full details of the existing mortgage including registration number and date

2. Schedule 2 - Additional Property Details: Complete legal description and title details of the additional property

3. Schedule 3 - Existing Encumbrances: List of any existing encumbrances on the additional property

4. Appendix A - Original Mortgage Document: Copy of the original mortgage document being spread

5. Appendix B - Title Search: Current title search for the additional property

6. Appendix C - Consent Forms: Required consent forms from guarantors or other interested parties if applicable

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 Industries

Banking and Financial Services

Real Estate

Property Development

Construction

Legal Services

Financial Technology

Mortgage Broking

Investment Management

Relevant Teams

Legal

Credit Risk

Mortgage Operations

Property Finance

Commercial Banking

Compliance

Settlement Operations

Document Management

Credit Assessment

Property Services

Relevant Roles

Mortgage Officer

Credit Manager

Property Lawyer

Banking and Finance Lawyer

Loan Officer

Credit Analyst

Property Finance Manager

Mortgage Broker

Commercial Banking Manager

Risk Manager

Compliance Officer

Settlement Officer

Property Developer

Real Estate Finance Manager

Industries
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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