The Loan And Mortgage Agreement is a fundamental document in Swiss secured lending transactions, used when providing financing secured against real estate property in Switzerland. It serves multiple purposes: documenting the loan terms, establishing security rights over the property, and ensuring compliance with Swiss banking and property laws. This document is essential for both residential and commercial property financing, requiring careful consideration of Swiss Civil Code provisions regarding property rights and security interests. The agreement typically includes detailed sections on loan terms, property details, security arrangements, and enforcement mechanisms. It must be structured to comply with Swiss formality requirements, particularly regarding the creation and registration of mortgage certificates (Schuldbriefe) and notarization requirements where applicable.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the loan and mortgage arrangement, including purpose of the loan
3. Definitions: Key terms used throughout the agreement
4. The Loan: Principal amount, purpose, and disbursement conditions
5. Interest and Fees: Interest rate(s), calculation method, payment periods, and any applicable fees
6. Repayment Terms: Repayment schedule, method of payment, and early repayment provisions
7. The Property: Detailed description of the mortgaged property and its legal status
8. The Mortgage: Terms of the mortgage security, including type of mortgage and ranking
9. Borrower's Representations and Warranties: Confirmations regarding legal capacity, property ownership, and other material facts
10. Borrower's Covenants: Ongoing obligations regarding property maintenance, insurance, and permitted use
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement: Rights and procedures for enforcing the security in case of default
13. Costs and Expenses: Allocation of costs related to the loan and mortgage
14. Notices: Communication requirements and contact details
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required beyond standard property insurance
2. Property Valuation: Specific provisions regarding property valuation when regular revaluation is required
3. Interest Rate Adjustment: Mechanisms for adjusting variable interest rates when not using a fixed rate
4. Additional Security: Terms for additional security when required beyond the mortgage
5. Construction Provisions: Special provisions when the loan is for construction or renovation purposes
6. Assignment and Transfer: Terms for transferring or assigning the loan when this possibility needs to be explicitly addressed
7. Multiple Borrowers: Special provisions when there are multiple borrowers
8. Tax Provisions: Specific tax-related provisions when relevant for cross-border situations
1. Property Description Schedule: Detailed legal description of the property, including land register details
2. Payment Schedule: Detailed amortization table and payment dates
3. Insurance Schedule: Details of required insurance coverage and policies
4. Form of Drawdown Notice: Template for requesting loan disbursements
5. Property Valuation Report: Initial property valuation details
6. Due Diligence Documents: List of required documents and confirmations
7. Building Permits and Zoning: Relevant permits and zoning regulations affecting the property
8. Form of Mortgage Certificate: Template or copy of the mortgage certificate (Schuldbrief)
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