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Australian Legal Templates

Mortgage Loan Agreement

Suitable For Use :NSW, QLD, VIC, WA,NT, ACT

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Mortgage Loan Agreement (National Agreement)

A comprehensive (38 page) Mortgage Loan Agreement that may be used as a stand-alone document. For registration Mortgages dated on or after the 3rd of March 2018 must be lodged on the National Mortgage form. Mortgage Front Pages are available as a free download and a link is provided in the download document itself.

Clauses include:

  • Definitions
  • Interpretation
  • Consideration
  • Obligation to pay
  • Mortgage
  • Certificates of title
  • Representations and warranties
  • General and financial undertakings
  • Obligations
  • Prohibitions
  • Strata & community title
  • Insurance
  • Access
  • Further assurances
  • Indemnities
  • Default
  • Give notice or provide information
  • Mortgagee’s powers
  • Receivers
  • Receipt and application of money
  • No obligation to exercise rights or give consent
  • Continuing security
  • Preservation of mortgagee’s rights
  • Combining accounts, set off
  • Power of attorney
  • Illegality, force majeure
  • Amendment in writing
  • Deed
  • Costs
  • Entire agreement
  • Severability
  • Moratorium legislation
  • Assignment
  • Notices
  • Trust provisions
  • Jurisdiction
  • Schedule 1: Epitome of Mortgage

This Mortgage Loan Agreement has 38 pages.

Now Including a Loan Calculator

A loan calculator that enables you to calculate the repayments and a repayment schedule for the loan. Simply enter the loan amount, interest rate, term, commencement date and our loan amortisation will calculate monthly repayment AND give you a schedule of all repayments over the life of the loan including the due dates!

Now Including Full Commentary with Purchase.

Includes GST

Mortgage Loan Agreement (short)

A short (10 page) Mortgage loan agreement.

 

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.

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Mortgage Loan Agreements

 

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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Australian Owned

Australian Owned & Operated.  All Templates drafted by practicng  Australian Lawyers.

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