The Private Mortgage Loan Agreement is a crucial document used in the United Arab Emirates for securing loans against real property. It is essential for private lending transactions where real estate is used as collateral, whether for residential or commercial properties. The agreement must comply with UAE Federal Laws, including Civil Code provisions, Central Bank regulations, and specific emirate-level property laws. It typically includes detailed terms about the loan amount, interest/profit rates, repayment schedule, property details, and enforcement mechanisms. The document must consider UAE's dual system of civil law and Sharia principles, particularly when structured as an Islamic finance product. This agreement is commonly used by financial institutions, private lenders, and property investors, requiring registration with the relevant Land Department and potentially the UAE Central Bank.
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1. Parties: Identification of the Lender and Borrower with full legal names, addresses, and registration details if applicable
2. Background: Context of the loan agreement, including property details and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds
5. Interest Rate and Calculation: Details of interest rate (or profit rate for Islamic financing), calculation method, and payment periods
6. Repayment Terms: Payment schedule, installment amounts, and repayment method
7. Security and Mortgage: Details of the mortgage security, property description, and registration requirements
8. Borrower's Representations and Warranties: Borrower's confirmations regarding their legal capacity, property ownership, and other material facts
9. Borrower's Covenants: Ongoing obligations of the borrower including property maintenance, insurance, and payment obligations
10. Events of Default: Circumstances constituting default and consequences thereof
11. Enforcement and Remedies: Lender's rights and remedies in case of default
12. Costs and Expenses: Allocation of costs related to the loan, including registration fees and enforcement costs
13. Notices: Communication methods and contact details for formal notices
14. Governing Law and Jurisdiction: Specification of UAE law application and relevant court jurisdiction
1. Islamic Finance Provisions: Required when the mortgage is structured as an Islamic finance product, including Murabaha or Ijara structures
2. Guarantor Provisions: Required when there is a third-party guarantor for the loan
3. Property Insurance Requirements: Detailed insurance requirements beyond standard coverage
4. Early Repayment Terms: Terms for early loan settlement and any associated penalties or fees
5. Co-borrower Provisions: Required when there are multiple borrowers
6. Foreign Currency Provisions: Required when the loan is in a currency other than UAE Dirhams
7. Construction Provisions: Required when the mortgaged property is under construction
8. Assignment and Transfer: Terms allowing the lender to assign or transfer the loan to another institution
1. Property Details Schedule: Detailed description of the mortgaged property including title details and registration information
2. Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and interest/principal breakdown
3. Fee Schedule: List of all applicable fees and charges
4. Insurance Requirements: Detailed specifications for required insurance coverage
5. Form of Drawdown Notice: Template for requesting loan disbursement
6. Form of Property Valuation: Standard format for property valuation reports
7. Security Documents: List and copies of additional security documents
8. Know Your Customer (KYC) Requirements: List of required identification and verification documents
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Islamic Finance
Legal Services
Insurance
Property Development
Mortgage Broking
Property Management
Financial Advisory
Construction Finance
Relevant Teams
Legal
Real Estate Finance
Credit Risk
Compliance
Islamic Banking
Property Services
Loan Operations
Documentation
Risk Management
Mortgage Services
Real Estate Advisory
Client Relations
Relevant Roles
Legal Counsel
Mortgage Officer
Credit Manager
Real Estate Manager
Compliance Officer
Risk Manager
Islamic Finance Specialist
Property Lawyer
Banking Relationship Manager
Loan Officer
Real Estate Finance Manager
Property Valuation Specialist
Mortgage Underwriter
Documentation Specialist
Legal Director
Chief Credit Officer
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