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Promissory Note Mortgage for the United Kingdom

Promissory Note Mortgage Template for England and Wales

A Promissory Note Mortgage is a legal document used in England and Wales that combines a promissory note (a written promise to pay) with a mortgage security over real property. It creates a binding obligation for the borrower to repay a specific sum of money while simultaneously granting the lender security interest in the specified property. The document is governed by English and Welsh property law and must comply with the requirements of the Law of Property Act 1925 and Land Registration Act 2002.

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Promissory Note Mortgage

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What is a Promissory Note Mortgage?

A Promissory Note Mortgage is utilized when parties wish to create a secured lending arrangement with real property as collateral. This document type is commonly used in England and Wales for both residential and commercial property transactions. The document combines the features of a promissory note, containing the borrower's promise to repay the loan, with a mortgage deed that creates security over the property. It includes specific terms regarding interest rates, repayment schedules, and default provisions, while complying with relevant UK financial services regulations and property laws.

What sections should be included in a Promissory Note Mortgage?

1. Parties: Details of lender and borrower

2. Background: Context of the loan and security arrangement

3. Definitions: Key terms used throughout the document

4. Promise to Pay: Core promise to repay the principal sum with interest

5. Security: Description of the property being mortgaged

6. Interest Provisions: Interest rate, calculation method, and payment terms

7. Repayment Terms: Schedule and method of repayment

What sections are optional to include in a Promissory Note Mortgage?

1. Insurance Requirements: Property insurance obligations - include when specific insurance requirements need to be detailed

2. Early Repayment Provisions: Terms for early loan settlement - include when early repayment is permitted

3. Default Provisions: Consequences of payment default - include when specific default terms are required beyond standard provisions

What schedules should be included in a Promissory Note Mortgage?

1. Property Description Schedule: Detailed description of mortgaged property including title information and boundaries

2. Payment Schedule: Detailed repayment schedule including dates and amounts of payments

3. Property Title Documents: Copies of relevant title documents and land registry information

4. Insurance Requirements Schedule: Detailed insurance specifications including required coverage amounts and types

Authors

Alex Denne

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

Jurisdiction

England and Wales

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions






























Clauses






























Industries

Law of Property Act 1925: Primary legislation governing mortgages and charges over land, including requirements for legal mortgages and power of sale provisions

Land Registration Act 2002: Covers requirements for registration of mortgages, priority rules, and notice requirements for land registration

Consumer Credit Act 1974: Applies when borrower is a consumer, covering regulatory requirements for consumer credit, information requirements, and unfair relationship provisions

Financial Services and Markets Act 2000: Establishes regulatory framework for mortgage lending and financial promotion rules

MCOB (Mortgages and Home Finance: Conduct of Business Sourcebook): Regulatory handbook for mortgage conduct, including disclosure requirements and responsible lending rules for regulated mortgage contracts

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Defines regulated mortgage activities and their scope

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers from unfair commercial practices in mortgage transactions

Consumer Rights Act 2015: Addresses unfair terms provisions and transparency requirements in consumer contracts including mortgages

Money Laundering Regulations 2017: Sets out anti-money laundering requirements applicable to mortgage transactions

FCA Guidelines: Regulatory guidelines and requirements issued by the Financial Conduct Authority for mortgage lending

Common Law Principles: Established case law and principles regarding mortgages and securities in England and Wales

Stamp Duty Land Tax Regulations: Tax regulations affecting mortgage transactions and property transfers

Teams

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