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The Private Mortgage Agreement is essential for transactions where individuals or private entities, rather than traditional financial institutions, provide property financing in Belgium. This document is commonly used in situations such as family loans, private investment arrangements, or alternative financing structures. The agreement must comply with Belgian Civil Code requirements, mortgage legislation, and consumer protection laws, requiring notarization and registration with the mortgage register. It includes detailed provisions for loan terms, property security, repayment schedules, and enforcement rights, while incorporating specific Belgian legal requirements for interest calculations and property descriptions. Private Mortgage Agreements are particularly relevant in scenarios where parties seek more flexible lending arrangements while maintaining legal security, though they must still adhere to strict regulatory requirements and registration procedures under Belgian law.

1. Parties: Identification of the lender and borrower with full legal names, addresses, and national registration numbers

2. Background: Context of the mortgage agreement, including property details and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the mortgage amount, currency, and intended use of funds

5. Property Details: Detailed description of the mortgaged property, including cadastral references and registration details

6. Interest Rate and Calculations: Interest rate specifications, calculation method, and adjustment provisions

7. Term and Repayment: Duration of the mortgage, repayment schedule, and payment mechanisms

8. Security Provisions: Details of the mortgage as security, including registration requirements and ranking

9. Borrower's Representations and Warranties: Confirmations and guarantees provided by the borrower regarding their status and the property

10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and payment requirements

11. Events of Default: Circumstances constituting default and consequences thereof

12. Enforcement Rights: Lender's rights and remedies in case of default

13. Costs and Taxes: Allocation of costs, taxes, and fees related to the mortgage

14. Notices: Communication requirements and contact details

15. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdictional arrangements

16. Execution: Signature requirements and execution provisions