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Mortgage Buydown Agreement
"I need a Mortgage Buydown Agreement for a residential property in Mumbai, where the developer is contributing to reduce the interest rate from 8.5% to 6% for the first two years starting March 2025, with the buydown funds to be deposited upfront."
1. Parties: Identifies all parties to the agreement: the borrower, lender, and any buydown sponsor/contributor
2. Background: Explains the context of the mortgage buydown arrangement and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including buydown period, interest rate adjustments, and payment schedules
4. Buydown Terms: Details the specific interest rate reductions, duration of the buydown period, and the schedule of rate adjustments
5. Buydown Funding: Specifies the amount of buydown funds, who is providing them, and how they will be administered
6. Payment Structure: Outlines the payment obligations during and after the buydown period, including the transition to regular mortgage payments
7. Lender's Obligations: Describes the lender's responsibilities in administering the buydown funds and applying the reduced interest rates
8. Borrower's Obligations: Details the borrower's responsibilities and acknowledgment of payment changes after the buydown period
9. Default Provisions: Specifies what constitutes default and the consequences thereof
10. Representations and Warranties: Standard declarations by all parties regarding their authority and capacity to enter into the agreement
11. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for dispute resolution
1. Third-Party Contributor Provisions: Required when a third party (such as a builder or seller) is contributing to the buydown funds
2. Early Termination: Included when parties want to specify conditions and processes for early termination of the buydown arrangement
3. Refinancing Provisions: Needed when the agreement needs to address the possibility of refinancing during the buydown period
4. Property Sale Provisions: Required when the agreement needs to address what happens to the buydown arrangement if the property is sold
5. Insurance Requirements: Included when specific insurance requirements are tied to the buydown arrangement
6. Assignment and Transfer: Required when the agreement needs to address the possibility of assignment or transfer of rights
1. Schedule A - Interest Rate Schedule: Detailed schedule showing the interest rate adjustments throughout the buydown period
2. Schedule B - Payment Schedule: Comprehensive payment schedule showing monthly payments during and after the buydown period
3. Schedule C - Buydown Funds Calculation: Detailed calculation of the total buydown funds required and their allocation
4. Schedule D - Property Details: Description and details of the mortgaged property
5. Appendix 1 - Required Notices: Standard forms for notices required under the agreement
6. Appendix 2 - Compliance Certificate: Template for periodic compliance certification if required by the lender
Authors
Applicable Law
Borrower
Buydown Account
Buydown Contributor
Buydown Funds
Buydown Period
Buydown Rate
Business Day
Closing Date
Default Rate
Effective Date
Event of Default
Initial Interest Rate
Interest Rate Schedule
Lender
Loan
Loan Agreement
Mortgage
Mortgaged Property
Note Rate
Payment Date
Payment Schedule
Principal Amount
Property
Regular Interest Rate
RBI
Secured Obligations
Security Interest
Subsidy Period
Term
Third Party Contributor
Title Documents
Transfer
Buydown Terms
Payment Obligations
Interest Rate Adjustments
Security
Representations and Warranties
Property Details
Fund Administration
Default and Remedies
Assignment and Transfer
Notices
Governing Law
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment and Modification
Compliance with Laws
Indemnification
Confidentiality
Term and Termination
Registration and Stamp Duty
Costs and Expenses
Further Assurances
Banking & Financial Services
Real Estate & Construction
Housing Finance
Property Development
Mortgage Services
Legal Services
Financial Technology
Legal
Finance
Real Estate
Compliance
Risk Management
Credit Assessment
Property Sales
Mortgage Operations
Document Management
Client Relations
Mortgage Officer
Real Estate Lawyer
Property Developer
Financial Controller
Loan Officer
Compliance Officer
Real Estate Agent
Banking Relationship Manager
Legal Counsel
Finance Manager
Property Sales Manager
Risk Assessment Officer
Mortgage Underwriter
Real Estate Finance Specialist
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