This Hard Money Loan Contract is designed for use in New Zealand when a borrower seeks short-term, asset-backed financing, typically for real estate investments or development projects. The document is structured to comply with New Zealand's regulatory framework, including the Credit Contracts and Consumer Finance Act 2003, Property Law Act 2007, and relevant financial regulations. It's particularly suited for situations requiring quick financing where traditional lending options may not be suitable, with the loan being secured by real property. The contract includes comprehensive provisions for loan terms, security arrangements, borrower obligations, default scenarios, and enforcement rights, while incorporating necessary consumer protection elements and disclosure requirements mandated by New Zealand law.
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1. Parties: Identifies the lender and borrower with their full legal names, addresses, and registration details if applicable
2. Background: Sets out the context of the loan, including that the borrower has requested the loan and the lender has agreed to provide it under these terms
3. Definitions: Defines key terms used throughout the agreement, including Loan Amount, Security Property, Interest Rate, Default Rate, etc.
4. Loan Details: Specifies the principal amount, purpose of the loan, interest rate, term, and repayment schedule
5. Security Arrangements: Details the property or assets being used as security for the loan, including property description and mortgage requirements
6. Interest and Fees: Specifies the interest rate calculation method, applicable fees, and charges including establishment fees and default interest
7. Repayment Terms: Details the repayment schedule, method of payment, and any early repayment provisions
8. Conditions Precedent: Lists conditions that must be satisfied before the loan is advanced
9. Borrower's Representations and Warranties: Sets out the borrower's confirmations regarding their legal capacity, property ownership, and financial situation
10. Borrower's Covenants: Details ongoing obligations of the borrower during the loan term
11. Default Events: Defines what constitutes a default and the consequences of default
12. Enforcement Rights: Outlines the lender's rights and remedies in case of default
13. General Provisions: Contains standard contract clauses including notices, amendments, governing law, and dispute resolution
1. Guarantor Provisions: Required when there is a guarantor for the loan, detailing their obligations and liability
2. Insurance Requirements: Used when specific insurance coverage is required for the security property
3. Cross-Collateralization: Included when multiple properties or assets are being used as security
4. Construction Draw Provisions: Required when the loan is for construction purposes with staged drawdowns
5. Prepayment Penalties: Included when early repayment penalties or fees apply
6. Asset Management: Used when the lender requires specific maintenance or management of the security property
7. Secondary Security: Required when additional security beyond the primary property is provided
1. Schedule 1 - Loan Summary: Key financial terms including loan amount, interest rate, fees, and payment schedule
2. Schedule 2 - Property Details: Legal description and details of the security property
3. Schedule 3 - Payment Schedule: Detailed amortization schedule or payment terms
4. Schedule 4 - Conditions Precedent Checklist: List of all conditions to be satisfied before loan advancement
5. Schedule 5 - Required Insurance: Details of required insurance coverage for the security property
6. Appendix A - Property Valuation: Independent valuation report reference or summary
7. Appendix B - Disclosure Statement: Mandatory disclosure statement under the CCCFA
8. Appendix C - Direct Debit Authority: Form for setting up automatic payments if applicable
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Private Lending
Property Development
Construction
Investment Banking
Commercial Property
Financial Services
Legal Services
Insurance
Property Management
Relevant Teams
Legal
Compliance
Risk Management
Credit Assessment
Loan Operations
Real Estate
Finance
Investment
Property Management
Documentation
Relevant Roles
Private Lender
Loan Officer
Credit Manager
Real Estate Developer
Property Investor
Mortgage Broker
Legal Counsel
Compliance Officer
Risk Manager
Financial Controller
Investment Manager
Property Manager
Chief Financial Officer
Credit Risk Analyst
Portfolio Manager
Loan Administrator
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