Mortgage Sale Deed Template for England and Wales

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Key Requirements PROMPT example:

Mortgage Sale Deed

"I need a Mortgage Sale Deed to transfer a portfolio of 500 residential mortgages from ABC Bank plc to XYZ Investment Fund, with completion scheduled for March 2025, including transitional servicing arrangements for the first 6 months post-completion."

Document background
The Mortgage Sale Deed is essential when implementing mortgage portfolio transfers in England and Wales. It is commonly used in securitization transactions, portfolio sales, and business restructuring. The deed must address various regulatory requirements, including those under the Financial Services and Markets Act 2000 and the Law of Property Act 1925. It typically includes comprehensive warranties about the mortgage portfolio, detailed completion mechanics, and provisions for notifying borrowers of the transfer.
Suggested Sections

1. Parties: Identification of seller and purchaser of the mortgages

2. Background: Context of the sale and details of the mortgage portfolio

3. Definitions: Key terms used throughout the deed

4. Sale and Purchase: Core terms of the transfer of the mortgage portfolio

5. Purchase Price: Consideration and payment terms

6. Completion: Transfer mechanics and timing

7. Representations and Warranties: Standard seller warranties regarding the mortgage portfolio

Optional Sections

1. Post-Completion Obligations: Used when ongoing obligations exist after completion, typically for complex transactions with continuing obligations

2. Data Protection: Provisions for handling personal data when transferring mortgage information

3. Transitional Services: Arrangements for continued servicing when seller continues to service the mortgages post-sale

Suggested Schedules

1. Schedule 1: The Mortgage Portfolio: Detailed list of mortgages being sold

2. Schedule 2: Warranties: Detailed warranties relating to the mortgage portfolio

3. Schedule 3: Completion Requirements: Detailed completion mechanics and requirements

4. Schedule 4: Forms of Notices: Template notices to borrowers regarding the transfer

5. Schedule 5: Power of Attorney: Form of power of attorney for post-completion actions

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 legal definitions
Clauses
Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales, particularly sections relating to mortgages, transfers of legal title, and requirements for deed execution

Land Registration Act 2002: Legislation covering requirements for registration of title, priority rules, and electronic conveyancing provisions in property transactions

Financial Services and Markets Act 2000: Regulatory framework for financial services including regulated mortgage activities and requirements for authorized persons

Consumer Credit Act 1974: Legislation governing consumer credit agreements and consumer protection provisions in mortgage transactions

FCA Mortgage Conduct of Business Rules (MCOB): Regulatory rules for mortgage lenders and administrators, particularly focusing on regulated mortgage contracts and treatment of customers

Land Registration Rules 2003: Detailed regulations specifying requirements for land registration, including forms and procedures

Data Protection Act 2018 and UK GDPR: Legislation governing the handling and protection of personal data in mortgage transfers and related transactions

Money Laundering Regulations 2017: Regulations specifying due diligence requirements and record keeping obligations for financial transactions including mortgages

Unfair Contract Terms Act 1977: Legislation governing the fairness of contract terms in commercial and consumer contracts

Consumer Rights Act 2015: Legislation protecting consumer rights and regulating fairness of terms in consumer mortgage contracts

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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