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Mortgage Variation Agreement
"I need a Mortgage Variation Agreement to modify an existing mortgage with ABC Bank Limited by reducing the interest rate to 5.2% fixed and extending the loan term by 5 years, effective March 1, 2025."
1. Parties: Identifies all parties to the agreement including the mortgagor (borrower) and mortgagee (lender)
2. Background: Recitals explaining the existing mortgage and the reason for variation
3. Definitions: Defines key terms used in the agreement, including references to the original mortgage
4. Interpretation: Rules for interpreting the agreement, including relationship with original mortgage
5. Effective Date: Specifies when the variations take effect
6. Variations: Details of specific changes to the original mortgage terms
7. Confirmation: Confirms that all other terms of the original mortgage remain unchanged
8. Costs: Specifies who bears the costs of preparing and registering the variation
9. Registration: Provisions regarding the registration of the variation with the Land Registry
10. Representations and Warranties: Confirms parties' authority to enter into the variation
11. Execution: Signing provisions and execution requirements
1. Guarantor Consent: Required when the original mortgage has guarantors who must consent to the variation
2. Conditions Precedent: Include when there are specific conditions that must be met before the variation takes effect
3. Security Confirmation: Used when additional security documents need to be confirmed or modified
4. Financial Covenants: Include when varying financial obligations or introducing new financial requirements
5. Additional Property: Required when adding new property to the mortgage security
6. Release Provisions: Used when releasing any part of the secured property or releasing a guarantor
7. Default Remedies: Include when modifying the original default provisions
1. Schedule 1 - Original Mortgage Details: Details of the original mortgage including registration number and date
2. Schedule 2 - Varied Terms: Detailed list of all terms being varied, showing both original and new terms
3. Schedule 3 - Property Description: Legal description of the mortgaged property, including title references
4. Schedule 4 - Payment Schedule: If payment terms are varied, details new payment arrangements
5. Appendix A - Supporting Documents: Copies of relevant supporting documents (e.g., resolutions, consents)
6. Appendix B - Certificates: Any required certificates or formal confirmations
Authors
Business Day
Commencement Date
Effective Date
Existing Mortgage
Facility
Guarantor
Land
Land Registry
Lender
Loan
Mortgage
Mortgaged Property
Mortgagee
Mortgagor
Original Mortgage
Original Terms
Parties
Property
Registered Office
Secured Amounts
Secured Money
Security
Security Interest
Title
Variation
Variation Date
Working Day
Interpretation
Definitions
Variation
Payment Terms
Interest Rate
Security
Registration
Representations and Warranties
Conditions Precedent
Costs and Expenses
Amendments
Confirmation of Terms
Continuing Security
Default
Remedies
Notices
Assignment
Governing Law
Execution
Guarantee
Further Assurance
Severability
Entire Agreement
Banking
Real Estate
Financial Services
Property Development
Construction
Mortgage Lending
Legal Services
Investment Property
Residential Property
Commercial Property
Legal
Mortgage Services
Credit Risk
Compliance
Property Services
Documentation
Retail Banking
Commercial Banking
Operations
Customer Service
Settlement
Risk Management
Mortgage Advisor
Legal Counsel
Property Lawyer
Banking Officer
Credit Manager
Loan Officer
Compliance Officer
Risk Manager
Property Manager
Financial Advisor
Conveyancing Manager
Bank Manager
Settlement Officer
Document Specialist
Relationship Manager
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