Mortgage Extension Agreement Template for Ireland

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Key Requirements PROMPT example:

Mortgage Extension Agreement

"I need a Mortgage Extension Agreement under Irish law for a residential property mortgage where the borrower is seeking to extend the term by 10 years due to financial hardship, with an option to include reduced payments for the first 6 months of 2025."

Document background
A Mortgage Extension Agreement is utilized when borrowers require modification to their existing mortgage terms, typically to extend the repayment period or adjust payment schedules. This document is essential in Irish lending practice when circumstances necessitate restructuring of mortgage obligations while maintaining the security of the original mortgage. The agreement must comply with Irish regulatory requirements, including the Land and Conveyancing Law Reform Acts, Consumer Credit Act, and Central Bank regulations. It contains detailed information about the original mortgage, the nature and terms of the extension, ongoing security arrangements, and any modified conditions. The document serves as a crucial tool for both lenders and borrowers in managing long-term mortgage obligations while ensuring proper legal protection for all parties involved. Common scenarios for using this agreement include financial hardship, payment restructuring, or adaptation to changed financial circumstances of the borrower.
Suggested Sections

1. Parties: Identification of the Lender and the Borrower(s) with full legal names and addresses

2. Background: Recitals detailing the original mortgage agreement, current status, and reason for extension

3. Definitions: Definitions of key terms used in the agreement, including references to terms from the original mortgage agreement

4. Original Mortgage Reference: Details of the original mortgage including date, parties, property details, and registration information

5. Extension Terms: Specific terms of the extension including new maturity date, payment schedule, and any modified terms

6. Continuing Security: Confirmation that the original security remains in place and extends to the modified terms

7. Representations and Warranties: Updated declarations by the borrower regarding their financial situation and ability to pay

8. Conditions Precedent: Conditions that must be satisfied before the extension becomes effective

9. Costs and Fees: Details of any costs or fees associated with the extension

10. Governing Law and Jurisdiction: Confirmation of Irish law as governing law and jurisdiction

Optional Sections

1. Additional Security: Required when additional security is being provided for the extended mortgage

2. Interest Rate Modification: Included when the interest rate terms are being modified as part of the extension

3. Payment Holiday Provisions: Used when the extension includes provisions for payment holidays or reduced payments

4. Insurance Requirements: Included when insurance requirements are being modified

5. Co-borrower Provisions: Required when there are multiple borrowers with specific arrangements

6. Guarantor Confirmation: Needed when the original mortgage includes guarantors who must confirm the extension

7. Default Cure Provisions: Included when the extension is being used to cure an existing default

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the mortgaged property including folio number and address

2. Schedule 2 - Payment Schedule: Revised amortization schedule showing new payment dates and amounts

3. Schedule 3 - Original Mortgage: Copy or summary of the original mortgage agreement

4. Schedule 4 - Modified Terms: Detailed listing of all terms being modified from the original mortgage

5. Appendix A - Warning Notices: Mandatory warning notices required under Irish consumer protection law

6. Appendix B - Borrower's Statement of Affairs: Updated financial information from the borrower

7. Appendix C - Regulatory Compliance Checklist: Checklist confirming compliance with relevant regulations and codes of conduct

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 & Financial Services

Real Estate

Legal Services

Mortgage Lending

Consumer Finance

Property Management

Financial Technology

Insurance

Relevant Teams

Legal

Compliance

Credit Risk

Mortgage Operations

Customer Relations

Collections & Recovery

Property Services

Document Management

Regulatory Affairs

Product Development

Underwriting

Quality Assurance

Relevant Roles

Mortgage Advisor

Credit Risk Manager

Legal Counsel

Loan Officer

Compliance Officer

Property Valuation Specialist

Banking Relationship Manager

Mortgage Underwriter

Collections Manager

Financial Advisor

Real Estate Attorney

Banking Operations Manager

Consumer Protection Officer

Credit Analysis Manager

Industries
Land and Conveyancing Law Reform Act 2009: Primary legislation governing property transactions and mortgage enforcement in Ireland, including provisions for the creation, transfer, and enforcement of mortgages
Land and Conveyancing Law Reform Act 2013: Additional provisions specifically dealing with mortgages in arrears and providing protection for family homes
Consumer Credit Act 1995: Regulates consumer credit agreements and provides consumer protections in mortgage contracts, including requirements for information disclosure
Central Bank Act 1942 (as amended): Establishes regulatory framework for financial institutions and their lending practices
Central Bank (Supervision and Enforcement) Act 2013: Provides for additional supervision and enforcement powers over regulated financial service providers
Code of Conduct on Mortgage Arrears (CCMA): Central Bank's code that must be followed by lenders when dealing with borrowers in or facing mortgage arrears
Consumer Protection Code 2012: Sets out requirements for financial institutions in their dealings with consumers, including mortgage modifications
European Union (Consumer Mortgage Credit Agreements) Regulations 2016: Implements EU Mortgage Credit Directive, setting standards for mortgage lending
European Communities (Unfair Terms in Consumer Contracts) Regulations 1995: Protects consumers against unfair terms in contracts, including mortgage agreements
Registration of Title Act 1964: Governs the registration of property titles and charges (including mortgages) in Ireland
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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