Loan Agreement And Mortgage Template for Hong Kong

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Key Requirements PROMPT example:

Loan Agreement And Mortgage

"I need a Loan Agreement and Mortgage for a HKD 5 million residential property loan to be disbursed by March 2025, with a 25-year term and monthly repayments, including standard security provisions under Hong Kong law."

Document background
The Loan Agreement And Mortgage is a fundamental document in Hong Kong's property financing landscape, used when a lender provides financing secured against real property. This document serves dual purposes: it details the loan facility terms while creating a legal charge over the property as security. Typically used in both residential and commercial property transactions, it must comply with Hong Kong's legal requirements, particularly the Conveyancing and Property Ordinance and Money Lenders Ordinance. The document is essential for protecting the lender's interests while providing clear terms for the borrower, including loan amount, interest rates, repayment schedule, and consequences of default. It requires registration with the Hong Kong Land Registry to perfect the security interest.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any other relevant parties

2. Background: Context of the loan and mortgage arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. The Loan: Details of the loan amount, purpose, and drawdown conditions

5. Interest and Payments: Interest calculation, payment terms, and repayment schedule

6. Security: Creation of mortgage, charged property details, and borrower's obligations regarding the security

7. Representations and Warranties: Borrower's confirmations about their status and the property

8. Covenants: Positive and negative obligations of the borrower during the loan term

9. Insurance: Requirements for property insurance and assignment of policies

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Lender's rights and remedies upon default

12. Costs and Expenses: Allocation of legal and other costs

13. Notices: Communication procedures between parties

14. General Provisions: Standard boilerplate clauses including governing law and jurisdiction

Optional Sections

1. Guarantee: Terms of guarantee when a guarantor is involved

2. Multiple Properties: Additional provisions when multiple properties are mortgaged

3. Further Advances: Terms for potential additional borrowing under the same security

4. Assignment and Transfer: Provisions allowing the lender to assign or transfer their rights

5. Property Management: Special provisions for managed properties or buildings

6. Break Costs: Provisions for early repayment penalties

7. Security Trustee: Required when there are multiple lenders or syndicated loans

Suggested Schedules

1. Property Details: Full legal description and details of the mortgaged property

2. Payment Schedule: Detailed repayment schedule including dates and amounts

3. Standard Form Documents: Forms for notices, drawdown requests, and other standard communications

4. Insurance Requirements: Detailed specifications for required insurance coverage

5. Conditions Precedent: List of documents and conditions required before drawdown

6. Fee Schedule: Breakdown of all applicable fees and charges

7. Property Valuation: Details of the property valuation and any special conditions noted

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
Relevant Industries

Banking

Real Estate

Financial Services

Property Development

Mortgage Lending

Private Banking

Commercial Banking

Investment Banking

Property Investment

Relevant Teams

Legal

Credit Risk

Mortgage Operations

Compliance

Real Estate

Property Management

Banking Operations

Document Management

Financial Control

Risk Management

Relevant Roles

Legal Counsel

Mortgage Officer

Loan Officer

Credit Risk Manager

Property Manager

Real Estate Manager

Compliance Officer

Banking Relationship Manager

Property Valuer

Financial Controller

Credit Analyst

Legal Director

Chief Legal Officer

Banking Operations 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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