The Consent To Mortgage Form is a critical document in UAE property transactions where mortgage financing is involved. It serves as the formal authorization from a property owner to create a mortgage over their property in favor of a financial institution. This document is particularly important in the UAE's regulated property market, where strict compliance with both federal laws and emirate-specific regulations is required. The form must be properly executed, notarized, and registered with the relevant land department to be legally valid. It's used in various scenarios including new property purchases, refinancing arrangements, and Islamic finance structures. The document typically includes comprehensive details about the property, ownership status, proposed mortgage terms, and any existing encumbrances, making it a crucial element in the mortgage registration process in the UAE.
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1. Parties: Details of the property owner(s) giving consent, the proposed mortgagor, and the mortgage lender
2. Background: Brief context about the property ownership and purpose of the mortgage consent
3. Definitions: Key terms used in the document including Property, Mortgage, Consent, and relevant UAE legal terms
4. Property Details: Comprehensive description of the property including title deed number, location, size, and registration details
5. Declaration of Ownership: Confirmation of current ownership status and authority to grant mortgage consent
6. Consent Statement: Express written consent to the creation of the mortgage and its registration
7. Mortgage Details: Basic terms of the proposed mortgage including amount, duration, and purpose
8. Representations and Warranties: Statements confirming the property's legal status and owner's capacity to grant consent
9. Execution Requirements: Signature requirements and notarization details as per UAE law
10. Governing Law and Jurisdiction: Confirmation of UAE law application and relevant emirate's courts' jurisdiction
1. Islamic Finance Compliance: Required when the mortgage is Sharia-compliant, including relevant Islamic banking terms and structure
2. Power of Attorney: Include when consent is being given through an authorized representative
3. Co-owner Consent: Required when property has multiple owners
4. Foreign Ownership Declaration: Required for foreign property owners in areas where foreign ownership is permitted
5. Spousal Consent: Required in cases where matrimonial rights may affect the property
6. Developer's Approval: Required for off-plan properties or when developer's consent is needed for mortgage registration
1. Property Title Deed: Copy of the official property ownership document
2. Property Plan/Layout: Official property layout and location plans from land department
3. Identification Documents: Copies of identification documents of all consenting parties
4. Existing Encumbrances: List of any existing charges or restrictions on the property
5. Authorization Documents: Powers of attorney or corporate authorizations if applicable
6. Property Valuation: Recent valuation report of the property if required by the mortgagee
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Financial Advisory
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Relevant Teams
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Real Estate
Mortgage Operations
Compliance
Property Registration
Islamic Banking
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Property Finance
Risk Management
Client Relations
Relevant Roles
Legal Counsel
Property Lawyer
Mortgage Manager
Real Estate Manager
Compliance Officer
Property Registration Officer
Islamic Banking Officer
Mortgage Advisor
Real Estate Officer
Legal Director
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Banking Operations Manager
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