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Mortgage Sale Deed
"I need a Mortgage Sale Deed for a residential property in Mumbai, where the buyer is getting 70% bank financing from HDFC Bank, and the remaining amount will be paid directly to the seller by March 2025."
1. Parties: Details of the Seller/Mortgagor and Buyer/Mortgagee, including names, ages, addresses, and legal capacity
2. Background: Recitals explaining the ownership history, reason for sale, and mortgage arrangement
3. Definitions: Definitions of key terms used throughout the deed
4. Property Details: Brief description of the property being sold and mortgaged (detailed description in Schedule)
5. Sale Consideration: Total sale price, payment terms, and acknowledgment of receipts
6. Mortgage Terms: Details of the mortgage amount, interest rate, repayment schedule, and security creation
7. Seller's Representations: Warranties about property title, encumbrances, and authority to sell
8. Rights and Obligations: Respective rights and obligations of both parties during the mortgage period
9. Default and Remedies: Consequences of default and available legal remedies
10. Property Possession: Terms of property possession and conditions for transfer
11. Registration and Expenses: Responsibility for registration, stamp duty, and other transaction expenses
12. Governing Law: Applicable laws and jurisdiction
13. Execution: Signing and witnessing requirements
1. Insurance: Required when specific insurance requirements are to be maintained during the mortgage period
2. Third Party Rights: Include when there are existing tenants or other third-party interests in the property
3. Environmental Matters: Required for industrial properties or when environmental compliance is significant
4. Property Management: Include when specific maintenance or management obligations need to be detailed
5. Force Majeure: Optional clause for handling unforeseen circumstances affecting the property or payments
6. Assignment: Include when transfer rights of either party need to be specifically addressed
7. Dispute Resolution: Required when parties want to specify arbitration or specific dispute resolution mechanisms
1. Schedule A - Property Description: Detailed description of the property including boundaries, measurements, and registration details
2. Schedule B - Payment Terms: Detailed breakdown of payment schedule, installments, and interest calculations
3. Schedule C - Title Documents: List of all title documents and previous ownership records
4. Schedule D - Encumbrances: Details of any existing charges, liens, or encumbrances on the property
5. Schedule E - Property Photographs: Photographs and visual documentation of the property condition
6. Appendix 1 - NOCs: Copies of necessary No Objection Certificates from relevant authorities
7. Appendix 2 - Power of Attorney: If applicable, power of attorney documents authorizing the transaction
Authors
Applicable Law
Appurtenances
Bank
Business Day
Completion Date
Consideration
Default
Encumbrance
Event of Default
Financial Year
Force Majeure
Interest Rate
Land
Lender
Loan Agreement
Material Adverse Effect
Mortgage
Mortgagee
Mortgagor
Outstanding Amount
Parties
Payment Date
Permitted Encumbrances
Principal Amount
Property
Purchase Price
Registered Office
Registration Authority
Repayment Schedule
Sale Deed
Schedule
Security
Security Interest
Seller's Title
Stamp Duty
Sub-Registrar
Term
Title Documents
Transaction Documents
Sale Consideration
Payment Terms
Mortgage Creation
Security Interest
Property Transfer
Title and Ownership
Representations and Warranties
Covenants
Possession
Registration and Stamp Duty
Insurance
Default
Remedies
Property Maintenance
Inspection Rights
Assignment
Notices
Force Majeure
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Indemnification
Costs and Expenses
Further Assurance
Survival
Real Estate
Banking
Financial Services
Construction
Housing Finance
Property Development
Legal Services
Insurance
Mortgage Lending
Legal
Real Estate
Property Management
Mortgages
Documentation
Compliance
Risk Management
Operations
Finance
Corporate Affairs
Legal Counsel
Property Lawyer
Real Estate Manager
Mortgage Officer
Property Registration Officer
Banking Operations Manager
Real Estate Agent
Property Valuation Expert
Compliance Officer
Title Search Officer
Documentation Specialist
Real Estate Administrator
Risk Assessment Manager
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