Third Party Mortgage Agreement Template for United States

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Key Requirements PROMPT example:

Third Party Mortgage Agreement

"I need a Third Party Mortgage Agreement for a commercial property purchase in California, where my parent company will act as guarantor for a $2.5M loan with quarterly payment terms, to be executed by March 2025."

Document background
A Third Party Mortgage Agreement becomes necessary when a primary borrower requires additional security for a mortgage loan, typically in situations where the borrower's creditworthiness or financial capacity needs enhancement. This document is commonly used in both residential and commercial property transactions across the United States, structuring the three-way relationship between the lender, borrower, and guarantor. The agreement must comply with federal regulations including TILA and RESPA, while also adhering to state-specific property and mortgage laws. It typically includes comprehensive details about the property, loan terms, guarantee conditions, and the specific obligations of each party.
Suggested Sections

1. Parties: Identification of mortgagor, mortgagee, and third-party guarantor

2. Background: Context of the mortgage arrangement and third-party involvement

3. Definitions: Key terms used throughout the agreement

4. Property Description: Legal description of mortgaged property

5. Loan Terms: Amount, interest rate, payment terms, and duration

6. Third Party Obligations: Specific responsibilities and obligations of the third party

7. Default Provisions: Consequences and procedures in case of default

8. Representations and Warranties: Statements of fact by all parties

Optional Sections

1. Insurance Requirements: Additional insurance requirements beyond standard coverage - use when specific insurance requirements are needed

2. Environmental Provisions: Environmental warranties and indemnities - use for commercial properties or properties with potential environmental concerns

3. Cross-Collateralization: Provisions linking multiple properties or loans - use when multiple properties or loans are involved

Suggested Schedules

1. Property Schedule: Detailed property description including maps and surveys

2. Payment Schedule: Detailed breakdown of payment obligations

3. Insurance Schedule: Details of required insurance coverage

4. Third Party Financial Statements: Financial information of the third party guarantor

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
Industries

Truth in Lending Act (TILA): Federal law requiring clear disclosure of lending terms and costs to protect consumers in credit transactions, including mortgage loans

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 prevent predatory lending

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

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions, including mortgage lending

Dodd-Frank Wall Street Reform Act: Federal law establishing additional mortgage lending regulations and consumer protections in response to the 2008 financial crisis

State Property Laws: State-specific laws governing real property rights, transfers, and encumbrances

State Mortgage and Foreclosure Laws: State-specific regulations governing mortgage creation, enforcement, and foreclosure procedures

State Recording Requirements: State-specific rules for recording mortgage documents and other real estate instruments in public records

State Consumer Protection Laws: State-specific regulations protecting consumers in financial transactions, including mortgage lending

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

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, including secured transactions affecting mortgage agreements

State Documentation Requirements: State-specific rules regarding required forms, contents, and execution of mortgage documents

Local Recording Office Requirements: County or municipal-specific requirements for document format, content, and recording procedures

Homestead Laws: State-specific protections for primary residences against certain creditors and requirements for spouse consent

Community Property Laws: Special property ownership rules in certain states affecting spousal rights in mortgage transactions

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