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Mortgage Sales Agreement for Australia

Mortgage Sales Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that facilitates the sale and transfer of mortgage portfolios between financial institutions. This document outlines the terms and conditions of the mortgage sale, including purchase price, representations and warranties, transfer mechanics, and regulatory compliance requirements under Australian financial services law. It incorporates provisions that comply with the National Consumer Credit Protection Act 2009 and other relevant Australian legislation, while ensuring proper transfer of security interests under the Personal Property Securities Act 2009.

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What is a Mortgage Sales Agreement?

The Mortgage Sales Agreement is a crucial document used in Australian financial markets when one financial institution wishes to sell all or part of its mortgage portfolio to another institution. This agreement is particularly relevant in scenarios of business restructuring, portfolio optimization, or strategic exit from certain market segments. The document must comply with Australian regulatory requirements, including those set by ASIC and the RBA, and typically involves significant due diligence processes. It needs to address various aspects including loan documentation, security interests, borrower notifications, and servicing arrangements. The agreement must also ensure compliance with consumer protection laws and privacy regulations while facilitating a smooth transfer of mortgage assets.

What sections should be included in a Mortgage Sales Agreement?

1. Parties: Identification of all parties to the agreement including the seller (current mortgage holder), purchaser, and any relevant financial institutions

2. Background: Context of the transaction, including brief description of the mortgage portfolio being sold

3. Definitions: Comprehensive definitions of terms used throughout the agreement

4. Sale and Purchase: Core terms of the sale including the mortgage assets being sold and purchase price

5. Purchase Price and Payment: Detailed terms of the purchase price, payment method, and timing

6. Conditions Precedent: Conditions that must be satisfied before completion of the sale

7. Completion: Process and requirements for completing the transaction

8. Representations and Warranties: Seller's representations regarding the mortgage portfolio and general warranties

9. Purchaser's Representations: Purchaser's representations and warranties

10. Transfer Process: Procedures for transferring the mortgage assets and associated rights

11. Compliance Requirements: Regulatory compliance obligations and requirements

12. Confidentiality: Confidentiality obligations of all parties

13. Notices: Process for giving notices under the agreement

14. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, and amendments

15. Execution: Execution blocks for all parties

What sections are optional to include in a Mortgage Sales Agreement?

1. Transitional Services: Required when the seller will provide ongoing services to support the transfer of the mortgage portfolio

2. Security Interest: Needed when additional security interests are being created or transferred

3. Customer Communication: Include when specific requirements for communicating with mortgage customers need to be detailed

4. Data Protection: Required when significant personal data is being transferred as part of the mortgage portfolio

5. Break Fees: Include when there are specific provisions for early termination or break fees

6. Third Party Consents: Required when specific third-party consents are needed for the transfer

7. Indemnification: Include when specific indemnification provisions beyond standard warranties are required

What schedules should be included in a Mortgage Sales Agreement?

1. Schedule 1 - Mortgage Portfolio Details: Detailed list and information about each mortgage being transferred

2. Schedule 2 - Purchase Price Calculation: Methodology and calculations for determining the purchase price

3. Schedule 3 - Form of Transfer Documents: Templates of all required transfer documentation

4. Schedule 4 - Completion Checklist: List of all documents and actions required for completion

5. Schedule 5 - Due Diligence Results: Summary of due diligence findings and any identified issues

6. Appendix A - Required Regulatory Notices: Templates of notices required by regulatory authorities

7. Appendix B - Customer Communication Templates: Standard forms for customer communications regarding the transfer

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Sector

Cost

Free to use
Relevant legal definitions

























































Clauses



































Relevant Industries

Banking

Financial Services

Real Estate

Mortgage Lending

Investment Management

Legal Services

Financial Technology

Property Management

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Mortgage Operations

Credit Risk

Portfolio Management

Due Diligence

Transaction Management

Relevant Roles

Chief Financial Officer

Head of Mortgage Operations

Legal Counsel

Compliance Officer

Portfolio Manager

Credit Risk Manager

Treasury Manager

Mortgage Operations Manager

Due Diligence Officer

Transaction Manager

Commercial Director

Finance Director

Property Finance Manager

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

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