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House Loan Contract Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions for a property loan between a lender and borrower. The document incorporates requirements from Hong Kong's Banking Ordinance, Money Lenders Ordinance, and property laws, detailing the loan amount, interest calculations, repayment terms, and security arrangements. It includes specific provisions for property mortgage, borrower obligations, default scenarios, and enforcement mechanisms, all aligned with Hong Kong's regulatory framework and banking practices.

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What is a House Loan Contract?

The House Loan Contract is a fundamental document in Hong Kong's property financing landscape, used when individuals or entities seek financing for residential property purchases. This contract type must comply with Hong Kong's robust regulatory framework, including the Banking Ordinance and Money Lenders Ordinance, while addressing the unique characteristics of Hong Kong's property market. It serves as the primary agreement between lenders and borrowers, detailing loan terms, security arrangements, obligations, and enforcement mechanisms. The document is essential for protecting both lender and borrower interests in property financing transactions and must incorporate specific requirements for mortgage registration and enforcement under Hong Kong law.

What sections should be included in a House Loan Contract?

1. Parties: Identification of the lender and borrower with complete details

2. Background: Context of the loan agreement, including property details and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, purpose, and disbursement terms

5. Interest Rate and Calculations: Details of interest rate, calculation method, and adjustment mechanisms

6. Repayment Terms: Payment schedule, installment amounts, and payment methods

7. Security Arrangements: Details of the mortgage over the property and any other security

8. Borrower's Representations and Warranties: Borrower's confirmations regarding their status, property ownership, and capacity

9. Borrower's Covenants: Ongoing obligations of the borrower including property maintenance and insurance

10. Events of Default: Circumstances constituting default and consequences

11. Lender's Rights and Remedies: Actions the lender can take in case of default

12. Expenses and Fees: All costs, charges, and fees payable by the borrower

13. Notices: How formal communications between parties should be made

14. General Provisions: Standard clauses including governing law, amendments, and severability

What sections are optional to include in a House Loan Contract?

1. Guarantor Provisions: Include when there is a guarantor for the loan

2. Property Insurance Requirements: Detailed insurance requirements beyond standard coverage

3. Prepayment Terms: Include when early repayment is allowed with specific terms

4. Special Payment Arrangements: For cases with unique payment structures or grace periods

5. Property Usage Restrictions: Include when there are specific restrictions on property use

6. Cross-Default Provisions: Include when linking to other loans or facilities

7. Further Advance Provisions: Include when possibility of future additional borrowing is contemplated

What schedules should be included in a House Loan Contract?

1. Property Details Schedule: Detailed description of the mortgaged property including title details

2. Payment Schedule: Detailed breakdown of payment dates and amounts

3. Interest Rate Calculation Schedule: Detailed methodology for interest calculations and adjustments

4. Fee Schedule: Comprehensive list of all applicable fees and charges

5. Insurance Requirements Schedule: Detailed specifications for required insurance coverage

6. Required Documents Appendix: List of all documents required from the borrower

7. Standard Form Notices Appendix: Templates for various notices under the agreement

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

Jurisdiction

Hong Kong

Document Type

Ownership Agreement

Cost

Free to use

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