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Contract Of Loan With Real Estate Mortgage for United Arab Emirates

Contract Of Loan With Real Estate Mortgage Template for United Arab Emirates

A Contract of Loan with Real Estate Mortgage is a comprehensive legal document governed by UAE law that combines a loan agreement with a security interest in real estate. This document establishes the terms and conditions of a loan facility while simultaneously creating a mortgage over specified real estate property as security. The agreement must comply with UAE Federal laws, including Civil Code provisions, mortgage regulations, and where applicable, Sharia principles. It details loan terms, repayment schedules, property details, enforcement rights, and obligations of all parties, while ensuring adherence to UAE Central Bank regulations and local emirate property laws.

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Contract Of Loan With Real Estate Mortgage

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What is a Contract Of Loan With Real Estate Mortgage?

The Contract of Loan with Real Estate Mortgage is essential for secured lending transactions in the UAE where real estate serves as collateral. This document is commonly used in both commercial and residential property financing, combining lending and security arrangements in a single instrument. It must comply with UAE Federal Law No. 5 of 1985 (Civil Code), Federal Law No. 14 of 2008 (Mortgage Law), and relevant emirate-specific property regulations. The agreement is crucial for banks, financial institutions, and property investors, providing a legally enforceable mechanism for secured lending while protecting both lender and borrower interests. The document includes detailed provisions on loan terms, property details, payment obligations, default scenarios, and enforcement procedures, all structured to ensure compliance with UAE legal requirements and, where necessary, Sharia principles.

What sections should be included in a Contract Of Loan With Real Estate Mortgage?

1. Parties: Identification of the Lender and Borrower with full legal names, addresses, and registration details if corporate entities

2. Background: Context of the loan agreement and mortgage, including purpose of the loan and brief description of the mortgaged property

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terms

4. Loan Terms: Principal amount, interest rate, tenure, disbursement conditions, and repayment schedule

5. Security Creation: Creation and terms of the mortgage over the real estate property, including property details and extent of the security

6. Borrower's Representations and Warranties: Statements about the Borrower's legal capacity, property ownership, and other material facts

7. Property Related Covenants: Obligations regarding property maintenance, insurance, and restrictions on dealing with the property

8. Financial Covenants: Borrower's ongoing financial obligations and maintenance of financial ratios if applicable

9. Events of Default: Circumstances constituting default and consequences thereof

10. Enforcement Rights: Lender's rights and remedies in case of default, including property sale procedures

11. Costs and Expenses: Allocation of costs related to the loan, mortgage registration, and enforcement

12. Notices: Process and addresses for serving notices between parties

13. Governing Law and Jurisdiction: Confirmation of UAE law as governing law and jurisdiction of UAE courts

What sections are optional to include in a Contract Of Loan With Real Estate Mortgage?

1. Islamic Finance Provisions: Required if the loan needs to be Sharia-compliant, including relevant Islamic financing structures

2. Guarantees: Include when there are additional guarantors for the loan

3. Insurance Requirements: Detailed insurance requirements if more comprehensive than standard property insurance

4. Property Management: Include for commercial properties requiring specific management obligations

5. Construction Provisions: Required if the property is under construction or development

6. Assignment and Transfer: Include if the loan and mortgage may be transferable

7. Multiple Properties: Additional provisions when multiple properties are mortgaged under the same agreement

What schedules should be included in a Contract Of Loan With Real Estate Mortgage?

1. Property Description Schedule: Detailed legal description of the mortgaged property including title details

2. Repayment Schedule: Detailed breakdown of repayment installments, dates, and amounts

3. Conditions Precedent: List of documents and conditions required before loan disbursement

4. Form of Notices: Standard forms for various notices under the agreement

5. Insurance Requirements: Detailed specifications of required insurance coverage

6. Property Valuation Report: Recent valuation report of the mortgaged property

7. Required Authorizations: List of necessary governmental and regulatory approvals

8. Registration Requirements: Documentation required for mortgage registration with relevant authorities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

















































Clauses



































Relevant Industries

Banking & Financial Services

Real Estate & Property

Construction & Development

Legal Services

Insurance

Islamic Banking

Commercial Property

Residential Property

Property Development

Investment & Finance

Relevant Teams

Legal

Credit Risk

Real Estate

Compliance

Islamic Banking

Property Finance

Corporate Banking

Retail Banking

Risk Management

Operations

Documentation

Relevant Roles

Legal Counsel

Banking Manager

Mortgage Officer

Real Estate Manager

Compliance Officer

Credit Risk Manager

Property Finance Manager

Islamic Banking Officer

Corporate Lawyer

Financial Controller

Real Estate Investment Manager

Property Development Manager

Chief Legal Officer

Head of Credit

Relationship Manager

Industries







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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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