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Reverse Mortgage Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Reverse Mortgage Agreement is designed for Australian senior homeowners who wish to access their home equity while continuing to live in their property. This specialized financial product, regulated under Australian federal and state legislation, differs from traditional mortgages as it requires no regular repayments during the loan term. The document outlines the lending terms, borrower's rights and obligations, negative equity protection, and repayment triggers such as the borrower's death or permanent move to aged care. The agreement must comply with strict regulatory requirements, including mandatory consumer protections and disclosure obligations under the National Consumer Credit Protection Act 2009. It represents a complex financial arrangement requiring careful consideration and independent professional advice, particularly given its target demographic of senior citizens.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























































Clauses































Relevant Industries

Financial Services

Banking

Real Estate

Aged Care

Retirement Planning

Legal Services

Mortgage Broking

Insurance

Relevant Teams

Legal

Compliance

Credit Risk

Mortgage Operations

Document Processing

Product Development

Customer Relations

Settlement

Loan Administration

Quality Assurance

Relevant Roles

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

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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