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Memorandum of Common Provisions

Memorandum of Common Provisions

 

Regular use is made of a Memorandum of Common Provisions (MCP) to include provisions in Instruments and plans e.g. covenants in mortgages, restrictive covenants and easements in transfers and covenants in leases.

Memorandum of common provisions of mortgage being the standard mortgage terms & conditions drafted by Lawyers and lodged with NSW Land Registry Services for incorporation by reference.

We have also included an unbranded version (without the author’s logo), and a Word version so that you can include your own branding if you wish.

33 Pages Long

Includes:-

  1. DEFINITIONS AND INTERPRETATION
  2. CONSIDERATION
  3. OBLIGATION TO PAY AND DISCHARGE THE SECURED MONEY
  4. MORTGAGE
  5. OBLIGATIONS TO DEPOSIT CERTIFICATES OF TITLE AND OTHER DOCUMENTS
  6. REPRESENTATIONS AND WARRANTIES
  7. GENERAL AND FINANCIAL UNDERTAKINGS
  8. OBLIGATIONS RELATING TO MORTGAGED PROPERTY
  9. INSURANCE
  10. ACCESS
  11. FURTHER ASSURANCES
  12. INDEMNITIES
  13. DEFAULT
  14. OBLIGATIONS TO GIVE NOTICE OR PROVIDE INFORMATION
  15. POWERS OF THE MORTGAGEE
  16. RECEIVERS
  17. EXERCISE OF POWERS
  18. RECEIPT AND APPLICATION OF MONEY
  19. NO OBLIGATION TO EXERCISE RIGHTS OR GIVE CONSENT
  20. CONTINUING SECURITY
  21. PRESERVATION OF MORTGAGEE’S RIGHTS
  22. SET‑OFF
  23. POWER OF ATTORNEY
  24. ILLEGALITY, FORCE MAJEURE
  25. AMENDMENT IN WRITING
  26. MORTGAGE AS A DEED
  27. COSTS
  28. ENTIRE AGREEMENT
  29. SEVERABILITY
  30. MORATORIUM LEGISLATION
  31. ASSIGNMENT
  32. NOTICES
  33. JURISDICTION

 

Memorandum of Common Provisions of Mortgage

Agreement is 33 pages long

 

Includes GST

The National Credit Code regulates the provision of credit services, and exempts lawyers from requiring a licence to engage in certain credit activities. Lawyers may draft mortgage documentation for clients provided that they did not introduce the borrower and lender and are not associated with anyone who did. If a client comes to you with instructions to draft a mortgage for a borrower they have already selected, you are permitted to draft the mortgage documentation by virtue of your capacity as a lawyer. The legislation and rules are complex and you should refer to the source legislation if you are in any doubt as to whether your instructions fall within the permitted parameters or not. Links to all legislation and rules are provided throughout the commentary.  

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Easy as always
I’ve used this site over the years for quick templates to build and modify from. Saves a great deal of work and ensures I have up to date changes already made for me when I need.
Confidentiality Agreement
I have used Precedents Online and do find their product very well written and clear.
Title clear and helpful
Very good precedent - only comment would be to provide some examples or comments if each clause is essential to create a binding financial agreement and, if optional, 1 or 2 brief examples of circumstances where the relevant clause could be excluded. Otherwise, great work and I will certainly use precedents online again, cheers!
Your Legal Documents
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