Loan And Mortgage Agreement Template for New Zealand

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Key Requirements PROMPT example:

Loan And Mortgage Agreement

"I need a Loan and Mortgage Agreement for a commercial property purchase of NZD 2.5 million, with the loan to be disbursed by March 2025, including specific provisions for property development and staged drawdown conditions."

Document background
The Loan and Mortgage Agreement is a fundamental document in New Zealand's secured lending practice, used when providing financial facilities secured against real property. It serves multiple purposes: documenting the loan terms, creating a legally enforceable security interest, and ensuring compliance with New Zealand's regulatory requirements including the Credit Contracts and Consumer Finance Act 2003 and Property Law Act 2007. This agreement is essential for various lending scenarios, from residential mortgages to commercial property finance, and can be adapted for different types of borrowers and security arrangements. It includes comprehensive provisions for loan disbursement, repayment terms, security enforcement, borrower obligations, and lender's rights, while incorporating mandatory consumer protections and disclosure requirements specific to New Zealand law.
Suggested Sections

1. Parties: Identifies the lender, borrower, and any guarantors with their full legal names and addresses

2. Background: Sets out the context of the loan and security arrangement, including the purpose of the loan and the property being mortgaged

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Loan Details: Specifies the loan amount, interest rate, term, and repayment schedule

5. Security Arrangements: Details of the mortgage security, including property description and nature of the security interest

6. Borrower's Covenants: The borrower's obligations including payment, property maintenance, insurance, and compliance with laws

7. Representations and Warranties: Statements of fact and assurances given by the borrower regarding their situation and the security property

8. Events of Default: Circumstances that constitute default and trigger enforcement rights

9. Lender's Rights and Remedies: Actions the lender can take in case of default, including power of sale

10. Costs and Expenses: Allocation of costs related to the loan and mortgage, including setup fees and enforcement costs

11. General Provisions: Standard clauses covering assignments, notices, amendments, governing law, and dispute resolution

Optional Sections

1. Guarantor Provisions: Required when there are guarantors, setting out their obligations and the extent of their liability

2. Construction Provisions: Used when the loan is for property construction, including drawdown conditions and construction requirements

3. Multiple Securities: Required when multiple properties are offered as security for the loan

4. Interest Rate Switch Options: Included when the agreement allows for switching between fixed and floating rates

5. Prepayment Provisions: Detailed terms for early repayment, including any penalties or break fees

6. Cross-Collateralization: Used when the mortgage secures other facilities or obligations beyond this specific loan

7. Property Development Conditions: Required for loans funding property development, including specific conditions and reporting requirements

Suggested Schedules

1. Schedule 1 - Property Details: Detailed legal description of the mortgaged property, including title references

2. Schedule 2 - Payment Schedule: Detailed repayment schedule including payment dates, amounts, and amortization table

3. Schedule 3 - Fees and Charges: Comprehensive list of all applicable fees and charges

4. Schedule 4 - Insurance Requirements: Specific insurance requirements for the secured property

5. Schedule 5 - Special Conditions: Any special conditions or variations to standard terms

6. Appendix A - Property Valuation: Current valuation report for the security property

7. Appendix B - Required Insurances: Copies of insurance certificates and policies

8. Appendix C - Guarantor Documents: Additional documents related to guarantors if applicable

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

Construction

Legal Services

Insurance

Mortgage Broking

Property Investment

Relevant Teams

Legal

Credit

Compliance

Risk Management

Mortgage Operations

Commercial Banking

Retail Banking

Document Processing

Property Finance

Customer Relations

Loan Administration

Security Processing

Relevant Roles

Credit Manager

Loan Officer

Mortgage Specialist

Legal Counsel

Compliance Officer

Risk Manager

Property Valuer

Financial Advisor

Lending Manager

Credit Analyst

Commercial Banking Manager

Retail Banking Manager

Legal Document Specialist

Property Finance Manager

Mortgage Broker

Banking Relationship Manager

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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