The Mortgage Loan Agreement is a fundamental document in Malaysian property financing, used when a borrower seeks to purchase real estate or secure a loan against existing property. It combines elements of both a loan agreement and a security document, creating a legal charge over the property in accordance with the National Land Code 1965. The agreement must comply with Malaysian banking regulations, including the Financial Services Act 2013 and, where applicable, the Islamic Financial Services Act 2013. Typically used by banks and financial institutions, this document outlines the complete terms of the mortgage loan, including loan amount, interest calculations, repayment schedules, borrower obligations, and the lender's security rights. It's essential for both residential and commercial property transactions, requiring registration with the land registry to perfect the security interest.
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1. Parties: Identification of the lender (bank) and borrower(s) with full legal names and details
2. Background: Context of the loan agreement, including property details and purpose of the loan
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Facility Amount and Purpose: Details of the loan amount, purpose, and any conditions precedent
5. Interest Rate and Payments: Interest rate provisions, calculation method, payment terms and schedule
6. Security and Charge: Details of the mortgage charge over the property and any additional security
7. Borrower's Representations and Warranties: Statements of fact and assurances given by the borrower
8. Borrower's Covenants: Ongoing obligations and promises of the borrower
9. Events of Default: Circumstances constituting default and consequences thereof
10. Bank's Rights and Remedies: Actions the bank can take in case of default or breach
11. Insurance: Requirements for property insurance and mortgage reducing term assurance
12. Costs and Expenses: Allocation of legal fees, stamp duties, and other costs
13. Notices: Methods and addresses for formal communications
14. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Guarantor Provisions: Required when there are third-party guarantors for the loan
2. Islamic Banking Provisions: Required for Shariah-compliant mortgages using specific Islamic financing structures
3. Variable Rate Provisions: Required when offering variable rate options instead of fixed rate
4. Property Under Construction: Required when the property is not yet completed, including progressive release terms
5. Joint Borrowers: Required when there are multiple borrowers, defining joint and several liability
6. Special Conditions: For any unique terms specific to the particular loan or borrower
7. Supplemental Security: Required when additional collateral or security is provided beyond the primary property
1. Schedule 1 - Property Details: Detailed description of the mortgaged property including title particulars
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment amounts, dates, and amortization schedule
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before loan disbursement
4. Schedule 4 - Interest Rate Terms: Detailed provisions regarding interest calculation and rate change mechanisms
5. Schedule 5 - Fees and Charges: Comprehensive list of all applicable fees, charges, and commissions
6. Schedule 6 - Insurance Requirements: Detailed specifications for required insurance coverage
7. Appendix A - Standard Form Documents: Templates for notices, payment instructions, and other standard forms
8. Appendix B - Supporting Documents: List of supporting documents provided by borrower including income proof and property documents
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Property Development
Legal Services
Insurance
Construction
Housing Development
Islamic Banking
Relevant Teams
Legal
Retail Banking
Credit Risk
Compliance
Operations
Property Valuation
Documentation
Mortgage Processing
Credit Assessment
Islamic Banking
Client Relations
Loan Administration
Security Registration
Product Development
Policy
Relevant Roles
Legal Counsel
Mortgage Officer
Loan Officer
Credit Risk Manager
Compliance Officer
Property Valuer
Banking Executive
Relationship Manager
Credit Analyst
Documentation Specialist
Legal Manager
Banking Operations Manager
Property Lawyer
Conveyancing Executive
Risk Assessment Officer
Branch Manager
Chief Legal Officer
Head of Retail Banking
Mortgage Underwriter
Islamic Banking Specialist
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