Contract Of Real Estate Mortgage Template for United States

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Key Requirements PROMPT example:

Contract Of Real Estate Mortgage

"I need a Contract of Real Estate Mortgage for a commercial property purchase in California, with a loan amount of $2.5M and specific environmental compliance provisions, to be executed by March 2025."

Document background
The Contract of Real Estate Mortgage serves as a fundamental document in U.S. real estate financing, establishing the legal framework for secured property lending. This document is essential when a property buyer requires financing or when refinancing existing property debt. The contract details loan terms, property details, borrower obligations, and lender rights, including foreclosure provisions. It must conform to various federal regulations such as TILA and RESPA, as well as state-specific property and recording laws. The document provides security for the lender while protecting borrower rights under applicable consumer protection laws.
Suggested Sections

1. Parties: Identifies the lender (mortgagee) and borrower (mortgagor), including full legal names and addresses

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

3. Definitions: Key terms used throughout the document including property, mortgage, loan, default, and other relevant definitions

4. Property Description: Legal description of the mortgaged property including address, boundaries, and parcel information

5. Loan Terms: Principal amount, interest rate, payment terms, duration, and repayment schedule

6. Security Interest: Creates and defines the mortgage lien on the property and secured obligations

7. Borrower's Covenants: Borrower's promises regarding property maintenance, insurance, taxes, and other obligations

8. Default Provisions: Events of default, remedies, and foreclosure terms

9. Signatures and Notarization: Execution requirements, witness provisions, and notary acknowledgment

Optional Sections

1. Prepayment Provisions: Terms and conditions for early payment of the loan, including any penalties or incentives

2. Secondary Financing: Terms regarding additional mortgages or liens on the property

3. Environmental Provisions: Environmental warranties, indemnities, and compliance requirements

4. Assignment and Transfer: Terms regarding the ability to assign or transfer the mortgage

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including survey details and property boundaries

2. Schedule B - Payment Schedule: Amortization table showing payment breakdown over the loan term

3. Schedule C - Insurance Requirements: Detailed specifications for required property and other insurance coverage

4. Schedule D - Required Repairs: List of repairs or improvements required as a condition of 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 | Serial Founder & Legal AI Author

Industries

Truth in Lending Act (TILA): Federal law requiring lenders to provide standardized disclosures about loan terms and costs, ensuring borrowers understand their mortgage obligations.

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring disclosure of settlement costs and prohibiting kickbacks in real estate transactions.

Home Ownership and Equity Protection Act (HOEPA): Federal law providing additional disclosure requirements and restrictions for high-cost mortgage loans to protect consumers from predatory lending practices.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation.

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions, including mortgage lending, based on protected characteristics.

Dodd-Frank Wall Street Reform: Federal law establishing additional consumer protections in mortgage lending and creating the Consumer Financial Protection Bureau (CFPB).

State Property Laws: State-specific laws governing real property rights, transfers, and encumbrances, varying by jurisdiction.

State Recording Requirements: State-specific rules for recording mortgage documents in public records, including format and content requirements.

State Foreclosure Laws: State-specific procedures and requirements for foreclosure processes, including judicial vs. non-judicial foreclosure options.

State Mortgage Lending Regulations: State-specific rules governing mortgage lending practices, licensing requirements, and consumer protections.

State Usury Laws: State-specific limitations on interest rates and loan charges that can be imposed on mortgage loans.

Local County Recording Requirements: County-specific rules and procedures for recording mortgage documents, including formatting and submission requirements.

Homestead Laws: State-specific protections for primary residences, affecting how mortgages can be enforced against homestead property.

Community Property Laws: Special property ownership rules in community property states affecting how mortgages must be structured for married couples.

Mortgage Licensing Requirements: State and federal requirements for licensing of mortgage lenders, brokers, and other professionals involved in mortgage transactions.

Consumer Protection Laws: Additional state and federal laws protecting consumers in mortgage transactions, including disclosure requirements and anti-fraud provisions.

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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