The Contract of Loan with Real Estate Mortgage is a fundamental document in Belgian real estate financing, used when a lender provides funding secured by real property. This document type is essential for both residential and commercial property transactions in Belgium where mortgage financing is involved. It must be executed before a Belgian notary and registered with the appropriate mortgage registry. The document serves dual purposes: it details the loan terms (amount, interest, repayment schedule) and establishes the mortgage security interest in the property. The contract must comply with Belgian Civil Code requirements, the Mortgage Law of 1851, and relevant financial regulations. It's particularly important to note that a Contract of Loan with Real Estate Mortgage must include specific mandatory provisions required by Belgian law and must be in proper notarial form to be legally enforceable.
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1. Parties: Identification of the lender, borrower, and any guarantors with full legal details as required by Belgian law
2. Background: Context of the loan agreement and brief description of the mortgaged property
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Principal amount, interest rate, term, and repayment schedule
5. Property Description: Detailed legal description of the mortgaged property including cadastral references
6. Mortgage Grant: Formal grant of mortgage rights over the property
7. Representations and Warranties: Borrower's declarations regarding property ownership, authority to grant mortgage, and absence of encumbrances
8. Borrower Obligations: Ongoing obligations including property maintenance, insurance, and tax payments
9. Events of Default: Circumstances constituting default and consequences
10. Enforcement Rights: Lender's rights and remedies in case of default
11. Costs and Taxes: Allocation of notarial fees, registration costs, and taxes
12. Notices: Communication requirements and contact details
13. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Consumer Protection Provisions: Required when the borrower is a consumer rather than a business entity
2. Co-borrower Provisions: Include when there are multiple borrowers
3. Guarantor Provisions: Include when there are third-party guarantors
4. Insurance Requirements: Detailed insurance obligations beyond standard requirements
5. Property Use Restrictions: Include when there are specific restrictions on property use
6. Prepayment Terms: Include when early repayment is permitted with specific conditions
7. Variable Rate Provisions: Include for variable rate loans with rate adjustment mechanisms
8. Cross-Collateralization: Include when multiple properties secure the loan
1. Property Title Details: Complete extract from land registry and cadastral information
2. Repayment Schedule: Detailed amortization table showing payment dates and amounts
3. Insurance Certificates: Copies of required property insurance policies
4. Property Valuation: Official valuation report of the mortgaged property
5. Prior Charges: List of any existing charges or encumbrances on the property
6. Property Plans: Official plans and drawings of the mortgaged property
7. Environmental Reports: If required, environmental assessment of the property
8. Planning Permissions: Relevant planning and zoning documentation
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