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Mortgage Deferral Agreement Template for England and Wales

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Key Requirements PROMPT example:

Mortgage Deferral Agreement

"I need a Mortgage Deferral Agreement for a residential property in Manchester, where the borrower requires a 6-month payment holiday starting from March 2025 due to temporary unemployment, with the deferred amount to be spread across the remaining mortgage term."

Document background
The Mortgage Deferral Agreement is utilized when borrowers face temporary financial difficulties and require a formal arrangement to modify their existing mortgage payments. This document, governed by English and Welsh law, provides a legal framework for implementing payment holidays or reduced payments while ensuring compliance with FCA regulations and mortgage conduct rules. It typically includes specific terms about the deferral period, repayment arrangements, and any interest implications. The agreement is particularly relevant during economic downturns or when borrowers experience temporary financial hardship, ensuring both lender and borrower interests are protected while maintaining the underlying mortgage security.
Suggested Sections

1. Parties: Identification of lender and borrower(s)

2. Background: Details of original mortgage agreement and circumstances leading to deferral

3. Definitions: Key terms used throughout the agreement

4. Deferral Terms: Specific terms of the mortgage payment deferral

5. Duration: Period of deferral and end date

6. Repayment Arrangements: How deferred amounts will be repaid

7. Effect on Original Agreement: How this agreement modifies the original mortgage

Optional Sections

1. Additional Security: Required when additional security is being taken for the deferral

2. Insurance Requirements: Additional insurance requirements when new insurance arrangements are needed

3. Special Conditions: Any special conditions applying to the deferral when specific circumstances require additional conditions

Suggested Schedules

1. Schedule 1 - Original Mortgage Details: Details of the original mortgage agreement

2. Schedule 2 - Revised Payment Schedule: New payment schedule showing deferred amounts and future payments

3. Schedule 3 - Property Details: Details of the mortgaged property

4. Appendix A - Financial Statement: Current financial position of the borrower (if relevant)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, including mortgage lending and administration

Consumer Credit Act 1974: Legislation governing consumer credit agreements and regulated mortgage contracts, providing consumer protections

Law of Property Act 1925: Fundamental property law legislation that governs the creation and enforcement of mortgages in England and Wales

Consumer Rights Act 2015: Modern consumer protection legislation that ensures fairness in contracts and provides consumer remedies

FCA Mortgage Conduct of Business Rules: Regulatory rulebook setting out how mortgage lenders must deal with customers and conduct their mortgage business

FCA Handbook: Comprehensive regulatory framework including principles of treating customers fairly and other conduct requirements

FCA COVID-19 Guidance: Specific regulatory guidance for mortgage lenders regarding payment deferrals and customer treatment during the pandemic

Mortgage Credit Directive Order 2015: UK implementation of EU mortgage credit rules, maintaining standards for residential mortgage lending

FSMA Regulated Activities Order 2001: Defines which activities require FCA authorization, including mortgage lending and administration

FSMA Regulated Activities Amendment Order 2013: Updates to the regulatory framework for mortgage activities and consumer credit regulation

UK GDPR and Data Protection Act 2018: Data protection legislation governing how personal information must be handled in mortgage agreements and processing

Unfair Contract Terms Legislation: Rules preventing unfair terms in consumer contracts, including mortgage agreements and payment deferral arrangements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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