Forbearance Agreement Mortgage Template for India

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Key Requirements PROMPT example:

Forbearance Agreement Mortgage

"I need a Forbearance Agreement Mortgage for a residential property in Mumbai, where the borrower has requested a 6-month payment reduction due to temporary job loss, with the forbearance period starting from January 2025."

Document background
The Forbearance Agreement Mortgage is a crucial legal instrument in Indian banking and real estate practice, typically employed when borrowers face legitimate financial difficulties in meeting their original mortgage obligations. This document becomes relevant when a borrower requests temporary relief from their regular mortgage payments due to circumstances such as business downturns, medical emergencies, or other financial hardships. The agreement demonstrates the lender's willingness to modify the original mortgage terms while maintaining their security interests and legal rights under Indian law. It carefully balances the borrower's need for temporary relief with the lender's risk management requirements, incorporating provisions that comply with RBI guidelines, the Transfer of Property Act, and other relevant Indian legislation. The document typically includes detailed terms about the forbearance period, modified payment schedules, conditions for maintaining the arrangement, and the consequences of default.
Suggested Sections

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

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

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

4. Acknowledgment of Debt: Borrower's acknowledgment of the outstanding amount and default status

5. Forbearance Terms: Details of the forbearance period, modified payment schedule, and any special conditions

6. Borrower's Representations and Warranties: Borrower's confirmations regarding their financial situation and ability to comply with modified terms

7. Conditions Precedent: Conditions that must be satisfied before the forbearance becomes effective

8. Continuing Security: Confirmation that original mortgage security remains in force

9. Default and Remedies: Consequences of failing to comply with the forbearance terms

10. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Guarantor Consent: Required when the original mortgage includes guarantors who must consent to the forbearance

2. Additional Security: Used when additional security is being provided as part of the forbearance arrangement

3. Insurance Requirements: Specific insurance obligations during the forbearance period

4. Property Maintenance Obligations: Additional requirements for property upkeep during forbearance

5. Financial Reporting Requirements: When regular financial updates from the borrower are required

6. Sale Provisions: When the agreement includes provisions for voluntary sale of the property

7. Multiple Property Provisions: When the forbearance applies to multiple mortgaged properties

Suggested Schedules

1. Schedule 1 - Original Mortgage Details: Details of the original mortgage agreement including date, parties, and property description

2. Schedule 2 - Payment Schedule: Detailed modified payment schedule including dates and amounts

3. Schedule 3 - Property Details: Full legal description and details of the mortgaged property

4. Schedule 4 - Outstanding Amount Calculation: Detailed breakdown of the current outstanding amount including principal, interest, and any fees

5. Schedule 5 - Additional Security Details: Details of any additional security provided as part of the forbearance

6. Appendix A - Required Documents: List of documents required to be submitted by the borrower

7. Appendix B - Compliance Certificate: Form of compliance certificate for ongoing borrower certifications

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

Housing Finance

Legal Services

Construction

Property Development

Mortgage Services

Insurance

Financial Technology

Relevant Teams

Legal

Credit Risk

Mortgage Operations

Compliance

Real Estate

Loan Administration

Recovery & Collections

Document Management

Property Services

Financial Advisory

Relevant Roles

Legal Counsel

Mortgage Officer

Credit Risk Manager

Bank Manager

Property Lawyer

Loan Officer

Compliance Officer

Real Estate Manager

Recovery Manager

Financial Advisor

Contract Administrator

Risk Assessment Officer

Banking Operations Manager

Property Valuation Expert

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Essential for ensuring the forbearance agreement meets basic contractual requirements including offer, acceptance, consideration, and capacity to contract.
Transfer of Property Act, 1882: Governs real estate transactions and mortgages in India. Particularly relevant sections include Section 58 (defining mortgages), Section 69 (power of sale), and provisions relating to mortgage modifications.
Registration Act, 1908: Mandates registration requirements for certain property documents. Important for determining whether the forbearance agreement needs to be registered, especially if it materially modifies the original mortgage terms.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002: Relevant for secured lending and enforcement of security interests. Important when considering the lender's rights and remedies during the forbearance period.
Banking Regulation Act, 1949: Governs banking operations in India. Relevant for ensuring compliance with banking norms regarding loan modifications and forbearance agreements.
Reserve Bank of India Act, 1934: Contains RBI guidelines and circulars regarding loan restructuring and forbearance, particularly important during economic stress periods.
Limitation Act, 1963: Establishes time limits for legal actions. Important for preserving lender's rights and addressing limitation period issues in the forbearance agreement.
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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