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Reverse Mortgage Agreement
"I need a Reverse Mortgage Agreement for a retired couple in Queensland, with a maximum loan amount of $500,000 against their primary residence, including provisions for both lump sum and monthly drawdowns, and specific terms for when either borrower needs to move to aged care."
1. Parties: Identifies the lender and borrower(s), including their full legal names and addresses
2. Background: Explains the context of the agreement, including the purpose of a reverse mortgage and acknowledgment of independent financial/legal advice received
3. Definitions: Defines key terms used throughout the agreement, including specific reverse mortgage terminology
4. Loan Details: Specifies the maximum loan amount, interest rate, and how the loan will be advanced (lump sum or regular payments)
5. Security Property: Details of the property being mortgaged, including title particulars and confirmation of ownership
6. Interest and Fees: Explains how interest is calculated, compounded, and added to the loan balance, plus applicable fees
7. Negative Equity Protection: Guarantees that the borrower will never owe more than the property's market value
8. Borrower's Rights and Obligations: Sets out the borrower's ongoing obligations regarding property maintenance, insurance, and rates
9. Events Requiring Repayment: Lists circumstances when the loan becomes repayable (death, sale, vacation of property, breach)
10. Lender's Rights and Remedies: Details the lender's rights in case of default or triggering events
11. Property Sale and Discharge: Process for selling the property and discharging the mortgage
12. General Provisions: Standard contract clauses including governing law, notices, and amendments
1. Regular Payment Arrangements: Required when the reverse mortgage includes regular payment features rather than just a lump sum
2. Protected Person Provisions: Additional protections when a non-borrowing spouse or dependent continues to live in the property
3. Aged Care Provisions: Special terms applying if the borrower moves to aged care accommodation
4. Additional Property Use Rights: Terms allowing for property rental or temporary vacancy
5. Further Advance Provisions: Terms governing any future increases to the loan amount
6. Power of Attorney Arrangements: Required when a power of attorney is involved in the transaction
1. Schedule 1 - Property Details: Detailed description of the security property including title particulars
2. Schedule 2 - Loan Terms: Specific financial terms including interest rates, fees, and charges
3. Schedule 3 - Payment Schedule: Details of any regular payments or drawdown arrangements
4. Appendix A - Equity Projections: Mandatory projections showing the impact of compound interest over time
5. Appendix B - Risk Disclosure Statement: Mandatory disclosure of risks associated with reverse mortgages
6. Appendix C - Independent Advice Certificates: Signed certificates from legal and financial advisors
7. Appendix D - Direct Debit Authorization: If regular payments are being made to the borrower
Authors
Financial Services
Banking
Real Estate
Aged Care
Retirement Planning
Legal Services
Mortgage Broking
Insurance
Legal
Compliance
Credit Risk
Mortgage Operations
Document Processing
Product Development
Customer Relations
Settlement
Loan Administration
Quality Assurance
Mortgage Specialist
Credit Manager
Legal Counsel
Compliance Officer
Financial Advisor
Loan Officer
Risk Manager
Senior Relationship Manager
Product Manager
Credit Analyst
Legal Document Specialist
Mortgage Broker
Estate Planning Attorney
Settlement Officer
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