A Deed of Real Estate Mortgage is a crucial document in Danish property financing that creates a legal security interest over real estate. This document is used when property owners need to secure financing using their real estate as collateral, whether for purchasing property, refinancing existing loans, or obtaining business financing. The deed must comply with Danish legal requirements and be registered with the Danish Land Registry to be effective. It contains essential information about the property, parties involved, loan terms, and enforcement rights. The document's format and content are heavily regulated by Danish law, particularly the Mortgage-Credit Loans and Mortgage-Credit Bonds Act and the Registration of Property Act, requiring careful attention to legal formalities and registration requirements.
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Key Requirements PROMPT example:
Deed Of Real Estate Mortgage
I need a Deed of Real Estate Mortgage for a commercial warehouse property in Copenhagen, with a mortgage amount of 5 million DKK, to be executed by March 2025, including specific provisions for future construction works and subletting rights.
1. Parties: Identification of the Mortgagor (property owner) and Mortgagee (lender), including full legal names, addresses, and registration numbers for companies
2. Property Details: Complete legal description of the mortgaged property, including land registry number (matrikelnummer), address, and property identification number
3. Mortgage Amount and Terms: Principal amount of the mortgage, interest rate, repayment terms, and currency
4. Security Coverage: Description of what the mortgage covers, including fixtures, fittings, and other assets attached to the property
5. Priority Position: Statement of the mortgage's ranking and priority position in relation to other charges on the property
6. Payment Terms: Details of payment schedule, payment methods, and consequences of default
7. Insurance Requirements: Obligations regarding property insurance and assignment of insurance proceeds
8. Representations and Warranties: Mortgagor's declarations regarding ownership, authority to mortgage, and property condition
9. Mortgagor's Obligations: Ongoing obligations regarding property maintenance, permitted use, and notification requirements
10. Events of Default: Circumstances constituting default and triggering enforcement rights
11. Enforcement Rights: Mortgagee's rights and remedies in case of default
12. Governing Law: Confirmation of Danish law as governing law and jurisdiction
13. Execution: Signing requirements and witness attestation in accordance with Danish law
1. Third Party Rights: Required when there are existing tenants or other parties with rights over the property
2. Environmental Provisions: Include when the property has known environmental issues or specific environmental requirements
3. Construction Provisions: Required when the mortgage relates to property under construction or planned renovation
4. Agricultural Provisions: Include when the mortgaged property includes agricultural land subject to special regulations
5. Cross-Collateralization: Include when the mortgage is secured by multiple properties or relates to other security documents
6. Foreign Currency Provisions: Required when the mortgage is denominated in a currency other than Danish Krone
1. Property Description Schedule: Detailed technical description of the property, including maps and land registry excerpts
2. Payment Schedule: Detailed amortization schedule showing principal and interest payments
3. Insurance Schedule: Specific insurance requirements and minimum coverage amounts
4. Prior Charges Schedule: List of existing mortgages and charges affecting the property
5. Property Valuation Report: Professional valuation report of the property
6. Power of Attorney: If applicable, authorization documents for signatories
7. Land Registry Extract: Current official extract from the Danish Land Registry showing ownership and charges
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