Mortgage And Promissory Note Template for Hong Kong

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Key Requirements PROMPT example:

Mortgage And Promissory Note

"I need a Mortgage and Promissory Note for a residential property in Hong Kong New Territories, with a loan amount of HKD 5 million, including provisions for a family member guarantor, with the loan term starting March 1, 2025."

Document background
The Mortgage and Promissory Note is a crucial document in Hong Kong's property financing landscape, used when a borrower seeks to obtain financing secured against real property. This dual-purpose instrument combines the security aspects of a traditional mortgage with the payment obligations of a promissory note, providing lenders with both a property security interest and a clear documentary evidence of debt. The document is particularly relevant in Hong Kong's dynamic real estate market, where property-backed lending is common. It must comply with Hong Kong's sophisticated legal framework, including the Conveyancing and Property Ordinance, Banking Ordinance, and Land Registration Ordinance. The document is essential for banks, financial institutions, and property owners engaging in secured lending transactions, providing a comprehensive framework for the loan relationship and security arrangements.
Suggested Sections

1. Parties: Identification of the mortgagor, mortgagee, and any guarantors

2. Background: Context of the transaction, including property purchase details and loan purpose

3. Definitions: Definitions of key terms used throughout the document

4. Loan Amount and Terms: Principal amount, interest rate, term, and repayment structure

5. Promise to Pay: Promissory note component - unconditional promise to repay the loan

6. Security Grant: Creation of the mortgage security interest over the property

7. Property Details: Legal description and details of the mortgaged property

8. Representations and Warranties: Mortgagor's declarations regarding property ownership, authority to grant security, etc.

9. Covenants: Ongoing obligations of the mortgagor regarding property maintenance, insurance, etc.

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement Rights: Mortgagee's rights and remedies upon default

12. Insurance Requirements: Required property insurance and policy specifications

13. Assignment and Transfer: Rights and restrictions regarding assignment of the mortgage or note

14. Notices: Process for giving formal notices between parties

15. Governing Law: Hong Kong law as governing law and jurisdiction

Optional Sections

1. Guarantor Provisions: Required when there are third-party guarantors for the loan

2. Property Management: For properties subject to management agreements or tenant obligations

3. Construction Provisions: For properties under construction or development

4. Multiple Properties: When the mortgage covers more than one property

5. Foreign Currency Provisions: When loan or payments are in foreign currency

6. Pre-existing Tenancies: When the property is subject to existing lease agreements

7. Environmental Matters: For properties with potential environmental concerns

8. Further Advances: When the facility allows for additional borrowing against the security

Suggested Schedules

1. Property Schedule: Detailed legal description of the property including lot number, address, and registered details

2. Payment Schedule: Amortization table showing payment dates, amounts, and interest calculations

3. Standard Form Documents: Forms for notices, transfer documents, and other standard communications

4. Insurance Requirements: Detailed specifications for required insurance coverage

5. Existing Encumbrances: List of any existing charges, easements, or encumbrances on the property

6. Property Title Documents: List of title documents and their location

7. Special Conditions: Any special terms or conditions specific to the property or transaction

8. Fee Schedule: Schedule of fees and charges applicable to the mortgage

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
Relevant Industries

Banking & Financial Services

Real Estate

Property Development

Insurance

Legal Services

Construction

Property Management

Investment & Asset Management

Relevant Teams

Legal

Mortgage Operations

Credit Risk

Compliance

Real Estate

Loan Operations

Documentation

Property Services

Risk Management

Corporate Banking

Retail Banking

Relevant Roles

Legal Counsel

Mortgage Officer

Credit Risk Manager

Property Lawyer

Banking Officer

Compliance Officer

Real Estate Manager

Loan Officer

Property Valuation Specialist

Risk Assessment Manager

Documentation Specialist

Property Transaction Manager

Banking Relationship Manager

Mortgage Underwriter

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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