The Mortgage Agreement is a crucial security document used in Malaysian property financing transactions, whether for residential, commercial, or industrial properties. It creates a legal charge over real property under the National Land Code 1965 and must comply with Malaysian banking regulations, including the Financial Services Act 2013 and, where applicable, the Islamic Financial Services Act 2013. The agreement is essential for both conventional and Islamic financing structures, protecting the lender's interests while ensuring borrower's rights are preserved. It contains detailed provisions on the security creation, payment terms, borrower's obligations, default scenarios, and enforcement mechanisms, all tailored to Malaysian legal requirements and market practices. The document is typically prepared alongside a facility agreement and requires registration with the relevant land registry to be fully effective.
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1. Parties: Identifies the mortgagor (borrower) and mortgagee (lender) with full legal names and addresses
2. Background: Explains the context of the mortgage, including reference to the loan/facility agreement and property being mortgaged
3. Definitions: Defines key terms used throughout the agreement, including Property, Secured Amounts, Security Documents
4. Creation of Security Interest: Establishes the legal charge over the property in favor of the mortgagee
5. Loan Terms: Details of the loan amount, interest rate, repayment period and payment schedule
6. Mortgagor's Representations and Warranties: Statements about property ownership, authority to enter agreement, and absence of encumbrances
7. Mortgagor's Covenants: Obligations regarding property maintenance, insurance, payment of taxes, and restrictions on dealing with the property
8. Events of Default: Lists circumstances constituting default and triggering enforcement rights
9. Mortgagee's Rights and Remedies: Powers of the mortgagee upon default, including power of sale and appointment of receivers
10. Insurance: Requirements for property insurance and assignment of insurance policies
11. Assignment and Transfer: Provisions regarding the mortgagee's right to assign or transfer the mortgage
12. Notices: Process for giving formal notices under the agreement
13. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction of Malaysian courts
14. Execution: Formal execution block for signing by parties and witnesses
1. Islamic Banking Provisions: Required when the mortgage is structured as an Islamic financing facility, including specific Shariah-compliant terms
2. Guarantee: Used when there is a guarantor providing additional security for the mortgage
3. Additional Security: Required when other assets or rights are being secured alongside the primary property
4. Property Management: Needed for commercial properties or when specific management obligations are required
5. Environmental Matters: Required for commercial properties or when environmental risks need to be addressed
6. Development Obligations: Used when the property is under development or future development is contemplated
7. Multiple Properties: Required when the mortgage covers more than one property
8. Rental Assignment: Used when rental income from the property is assigned as additional security
1. Property Description: Detailed legal description of the mortgaged property including title details
2. Payment Schedule: Detailed breakdown of payment amounts, dates, and interest calculations
3. Form of Transfer: Standard form for transferring the property in case of enforcement
4. Insurance Requirements: Detailed specifications for required insurance coverage
5. Permitted Security Interests: List of any pre-existing or permitted encumbrances on the property
6. Form of Notice: Standard forms for various notices required under the agreement
7. Special Conditions: Any special terms or conditions specific to this mortgage
8. Power of Attorney: Form of power of attorney granted to mortgagee for enforcement purposes
Relevant legal definitions
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Relevant Industries
Banking and Financial Services
Real Estate
Property Development
Islamic Banking
Legal Services
Housing Development
Construction
Commercial Property
Residential Property
Relevant Teams
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Compliance
Risk Management
Real Estate
Credit
Islamic Banking
Property Services
Document Management
Financial Services
Customer Relations
Relevant Roles
Legal Counsel
Banking Officer
Mortgage Officer
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Compliance Officer
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Conveyancing Executive
Islamic Banking Officer
Document Controller
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