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Mortgage Variation Agreement
"I need a Mortgage Variation Agreement to change our mortgage from a variable rate to a fixed rate of 5.2% for the next three years, starting from March 1, 2025, with Commonwealth Bank as lender and including provisions for early repayment penalties."
1. Parties: Identifies the Lender, Borrower, and any Guarantors who are parties to the original mortgage and this variation
2. Background: Recitals explaining the existence of the original mortgage, its registration details, and the parties' desire to vary its terms
3. Definitions: Defines key terms including 'Original Mortgage', 'Variation Date', and any new terms introduced by the variation
4. Interpretation: Rules for interpreting the agreement, including relationship with the original mortgage
5. Variation Details: Specific changes being made to the original mortgage, clearly identifying each term being varied
6. Effective Date: Specifies when the variations take effect
7. Confirmation of Other Terms: Confirms that all terms of the original mortgage not expressly varied remain in full force and effect
8. Costs and Expenses: Addresses responsibility for costs associated with the variation
9. Registration: Requirements and obligations regarding registration of the variation with relevant authorities
10. Representations and Warranties: Current representations and warranties from the borrower regarding their situation
11. Execution: Formal execution blocks for all parties
1. Guarantor Consent: Required if the original mortgage includes guarantors who need to consent to the variation
2. Security Confirmation: Required if there are multiple security documents that need to be addressed
3. Additional Security: Include if new security is being added as part of the variation
4. Conditions Precedent: Include if there are conditions that must be satisfied before the variation takes effect
5. Foreign Resident Declaration: Required if any party is a foreign resident for tax purposes
6. GST Provisions: Required if the variation affects any GST-related aspects of the mortgage
7. Privacy Statement: Optional section addressing privacy law compliance and consent
1. Schedule 1 - Variation Terms: Detailed listing of all specific terms being varied, showing both original and new text
2. Schedule 2 - Amended Repayment Schedule: If payment terms are varied, provides the new repayment schedule
3. Schedule 3 - Property Description: Legal description of the mortgaged property, particularly if any changes to the security
4. Annexure A - Copy of Original Mortgage: Attached copy of the original mortgage document being varied
5. Annexure B - Supporting Documents: Any supporting documents required for the variation (e.g., corporate authorizations, certificates)
Authors
Banking & Financial Services
Real Estate
Property Development
Residential Housing
Commercial Property
Legal Services
Mortgage Broking
Financial Planning
Legal
Lending
Credit Assessment
Mortgage Services
Property Finance
Compliance
Risk Management
Settlement
Customer Service
Documentation
Legal Counsel
Mortgage Broker
Banking Officer
Credit Manager
Property Lawyer
Lending Manager
Compliance Officer
Credit Assessment Officer
Bank Manager
Property Finance Manager
Conveyancer
Settlement Officer
Risk Manager
Financial Advisor
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