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Mortgage Sale Agreement
"I need a Mortgage Sale Agreement for the transfer of a single residential mortgage from ABC Bank to XYZ Financial, with completion scheduled for March 15, 2025, including provisions for electronic settlement and transitional servicing arrangements."
1. Parties: Identifies the seller (current mortgagee) and purchaser of the mortgage, including full legal names and addresses
2. Background: Outlines the context of the mortgage sale, including details of the original mortgage and the parties' intention to transfer it
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. Sale and Purchase: Core terms of the sale including the mortgage assets being sold and basic purchase obligations
5. Purchase Price: Specifies the purchase price, payment terms, and any adjustments
6. Completion: Details of the completion process, including timing, location, and delivery requirements
7. Seller's Warranties: Warranties regarding the mortgage, underlying property, and seller's authority
8. Assignment and Transfer: Provisions governing the actual transfer of the mortgage and associated rights
9. Notices to Mortgagor: Requirements for notifying the underlying borrower of the mortgage transfer
10. Confidentiality: Obligations regarding confidential information and announcement restrictions
11. Costs and Stamp Duty: Allocation of transaction costs and stamp duty obligations
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Due Diligence: Used when the purchaser requires specific due diligence provisions and access rights
2. Security Package: Required when additional security documents are being transferred alongside the mortgage
3. Portfolio Sale Provisions: Included when multiple mortgages are being sold as a portfolio
4. Post-Completion Obligations: Added when specific actions are required after completion
5. Transitional Services: Needed when the seller will provide ongoing services during a transition period
6. Electronic Settlement: Required when settlement will occur through an electronic platform
7. Break Fee: Included when parties agree to break fee arrangements for failed completion
8. Anti-Money Laundering Compliance: Detailed AML obligations when required by transaction size or nature
1. Schedule 1 - Mortgage Details: Detailed description of the mortgage(s) being sold, including loan amount, interest rate, and term
2. Schedule 2 - Property Details: Details of the underlying property/properties subject to the mortgage(s)
3. Schedule 3 - Form of Transfer: Prescribed form of mortgage transfer documentation
4. Schedule 4 - Completion Checklist: List of documents and actions required for completion
5. Schedule 5 - Seller's Warranties: Detailed warranties given by the seller
6. Schedule 6 - Notice to Mortgagor: Form of notice to be sent to the underlying borrower
7. Appendix A - Related Security Documents: List and copies of associated security documents being transferred
8. Appendix B - Power of Attorney: Form of power of attorney if required for completion
Authors
Banking
Financial Services
Real Estate
Mortgage Lending
Property Investment
Legal Services
Asset Management
Credit Services
Legal
Mortgages
Credit Risk
Compliance
Property Finance
Corporate Finance
Securities
Operations
Real Estate
Due Diligence
Portfolio Management
Transaction Management
Legal Counsel
Mortgage Manager
Credit Risk Officer
Portfolio Manager
Compliance Officer
Property Finance Manager
Transaction Manager
Due Diligence Manager
Securities Officer
Finance Director
Real Estate Manager
Corporate Lawyer
Banking Operations Manager
Asset Manager
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