Joint Mortgage Agreement Template for Singapore

A Joint Mortgage Agreement under Singapore law is a legally binding document that establishes the terms and conditions under which two or more individuals jointly borrow money from a financial institution to purchase property. The agreement is governed by Singapore's Conveyancing and Law of Property Act, Land Titles Act, and relevant MAS guidelines, establishing joint and several liability among the borrowers while detailing repayment terms, security arrangements, and obligations of all parties involved.

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What is a Joint Mortgage Agreement?

The Joint Mortgage Agreement is essential when multiple parties wish to share responsibility for a mortgage in Singapore. This document is commonly used by family members, married couples, or business partners looking to jointly purchase property. The agreement outlines each party's rights and obligations, establishes joint and several liability, and includes specific provisions required under Singapore law. It must comply with MAS guidelines, including TDSR requirements and LTV limits, while potentially incorporating CPF usage and HDB requirements where applicable.

What sections should be included in a Joint Mortgage Agreement?

1. Parties: Identification of all joint mortgagors and the mortgagee, including their full legal names, addresses, and registration numbers for entities

2. Background: Context of the mortgage agreement, property details, and purpose of the loan

3. Definitions: Key terms used throughout the agreement including defined terms for Property, Mortgage, Security, and other relevant terminology

4. Loan Details: Specification of loan amount, interest rate, tenure, and repayment terms including payment dates and methods

5. Security Provisions: Details of the property being mortgaged, security arrangements, and mortgagee's rights over the security

6. Joint and Several Liability: Provisions detailing shared responsibility of joint mortgagors and their obligations

7. Covenants: Mortgagors' obligations regarding property maintenance, payments, insurance, and other ongoing commitments

8. Events of Default: Circumstances constituting default and consequences thereof

9. Enforcement Rights: Mortgagee's rights and remedies in case of default including power of sale

What sections are optional to include in a Joint Mortgage Agreement?

1. CPF Usage: Terms and conditions relating to the use of CPF funds for property purchase or mortgage payments

2. HDB Specific Terms: Special conditions and requirements applicable to HDB properties

3. Insurance Requirements: Specific insurance obligations and requirements imposed by the mortgagee

4. Property Management: Terms relating to management corporation requirements and maintenance obligations

5. Assignment Provisions: Terms governing the assignment or transfer of the mortgage

What schedules should be included in a Joint Mortgage Agreement?

1. Property Description Schedule: Detailed legal description of the mortgaged property including lot number, title details, and address

2. Payment Schedule: Detailed repayment schedule showing installment amounts, payment dates, and amortization table

3. Insurance Schedule: Specification of required insurance coverage types, amounts, and beneficiary details

4. Special Conditions Schedule: Property-specific or borrower-specific conditions and requirements

5. Fee Schedule: Breakdown of all applicable fees, charges, and costs related to the mortgage

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

Jurisdiction

Singapore

Publisher

Genie AI

Document Type

Mortgage Agreement

Cost

Free to use

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