The Private Mortgage Loan Agreement is a crucial legal instrument in German real estate financing, used when an individual or institution provides a loan secured by real property. This document is essential in both residential and commercial property transactions under German law, requiring careful preparation to comply with the German Civil Code (BGB), Banking Act (KWG), and consumer protection regulations. The agreement must be notarized and registered in the German land register (Grundbuch) to create an enforceable security interest. It typically includes detailed provisions on loan terms, property details, borrower obligations, default remedies, and specific consumer protection measures required by German law. The document is particularly important given Germany's strong legal framework protecting both lenders and borrowers in real estate transactions.
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1. Parties: Identification of the lender and borrower with full legal names, addresses, and other relevant contact details
2. Background: Context of the loan agreement, including the purpose of the loan and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Principal amount, interest rate, term of the loan, and payment schedule
5. Property Details: Legal description of the mortgaged property, including land registry details
6. Security: Details of the mortgage registration and security arrangements
7. Repayment Terms: Payment schedule, method of payment, and early repayment provisions
8. Interest Calculation: Method of interest calculation, adjustment periods for variable rates if applicable
9. Borrower's Representations: Borrower's declarations regarding their financial situation and property ownership
10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and tax payments
11. Events of Default: Circumstances constituting default and consequences thereof
12. Lender's Rights and Remedies: Actions the lender can take in case of default
13. Costs and Fees: Distribution of costs, including registration fees, notary fees, and other charges
14. Notices: How formal communications between parties should be made
15. Governing Law: Confirmation of German law application and jurisdiction
16. Signatures: Execution block for all parties
1. Guarantor Provisions: Required when there is a third-party guarantor for the loan
2. Co-borrower Provisions: Required when there are multiple borrowers
3. Property Insurance Requirements: Detailed insurance requirements beyond standard obligations
4. Construction Provisions: Required when the loan is partially for property construction or renovation
5. Variable Interest Rate Provisions: Required when the interest rate is not fixed for the entire term
6. Prepayment Terms: Detailed terms for early repayment if different from standard terms
7. Property Usage Restrictions: Required when there are specific restrictions on property use
8. Assignment and Transfer: Required when transfer rights need to be specifically addressed
1. Payment Schedule: Detailed amortization table showing principal and interest payments
2. Property Description: Detailed legal description of the property including land registry excerpts
3. Insurance Requirements: Detailed specifications for required insurance coverage
4. Property Valuation Report: Summary or full property valuation report
5. Interest Rate Calculation Methods: Detailed explanation of interest calculation for variable rates
6. Fee Schedule: Detailed breakdown of all fees and charges
7. Required Documents List: List of documents required from the borrower
8. SCHUFA Declaration: Credit check authorization and information
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Financial Services
Legal Services
Insurance
Property Development
Mortgage Brokerage
Notarial Services
Property Management
Construction & Development
Relevant Teams
Legal
Real Estate
Credit Risk
Compliance
Loan Operations
Documentation
Property Services
Mortgage Processing
Risk Management
Client Relations
Relevant Roles
Mortgage Advisor
Real Estate Lawyer
Legal Counsel
Property Manager
Loan Officer
Credit Risk Manager
Compliance Officer
Real Estate Agent
Notary
Banking Operations Manager
Property Appraiser
Mortgage Underwriter
Real Estate Investment Manager
Legal Documentation Specialist
Financial Advisor
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