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Mortgage Lease Agreement Template for Philippines

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Key Requirements PROMPT example:

Mortgage Lease Agreement

"I need a Mortgage Lease Agreement for a commercial warehouse property in Manila, Philippines, with a mortgage amount of 5 million pesos and a 10-year lease term, starting January 2025, where the lessee will be responsible for all maintenance and utilities."

Document background
The Mortgage Lease Agreement is a specialized legal instrument used in the Philippines when a party wishes to both finance and lease a property in a single transaction. This arrangement is commonly used in commercial real estate, agricultural properties, and industrial developments where the occupant needs both financing and immediate usage rights. The document incorporates provisions from Philippine property law, banking regulations, and lease requirements, ensuring compliance with local legal frameworks including the Civil Code of the Philippines and relevant property legislation. It's particularly useful for businesses seeking to optimize their property financing while maintaining operational control, or for individuals requiring both property financing and immediate occupancy rights. The agreement typically includes detailed terms for both the mortgage and lease aspects, security provisions, payment schedules, property maintenance responsibilities, and default remedies.
Suggested Sections

1. Parties: Identification of the Mortgagor/Lessee and Mortgagee/Lessor, including complete legal names, addresses, and tax identification numbers

2. Background: Context of the agreement, including property details and purpose of the mortgage lease arrangement

3. Definitions: Key terms used throughout the agreement including Property, Mortgage Amount, Lease Period, Monthly Payments, etc.

4. Property Details: Comprehensive description of the mortgaged and leased property, including legal description, boundaries, and title information

5. Mortgage Terms: Details of the mortgage arrangement including principal amount, interest rate, payment terms, and security provisions

6. Lease Terms: Specific lease conditions including duration, rental amount, payment schedule, and permitted use of property

7. Rights and Obligations: Responsibilities of both parties regarding property maintenance, insurance, taxes, and utilities

8. Default and Remedies: Conditions constituting default under either mortgage or lease terms and corresponding remedies

9. Insurance and Taxes: Requirements for property insurance, payment of real estate taxes, and other related charges

10. Assignment and Subletting: Conditions under which the agreement may be assigned or the property sublet

11. Termination: Circumstances and procedures for terminating the agreement

12. Governing Law: Specification of Philippine law as governing law and jurisdiction

13. Execution: Signature blocks and notarization requirements

Optional Sections

1. Special Conditions for Agricultural Land: Required when the property is agricultural land, incorporating requirements under the Agricultural Land Reform Code

2. Condominium Provisions: Required for condominium properties, including compliance with condominium corporation rules

3. Construction and Improvements: Needed when the agreement allows for or addresses construction or improvements on the property

4. Environmental Compliance: Required when the property or its intended use involves environmental considerations

5. Multiple Occupancy Provisions: Needed when the property may have multiple occupants or shared facilities

6. Property Management: Required for properties within managed complexes or requiring specific management arrangements

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property including lot plans, boundaries, and technical specifications

2. Payment Schedule: Detailed breakdown of mortgage and lease payments, including amortization table

3. Permitted Use Schedule: Specific details of allowed and prohibited uses of the property

4. Condition Report: Documentation of property condition at the start of the lease

5. Insurance Requirements: Detailed specifications of required insurance coverage

6. Maintenance Schedule: Breakdown of maintenance responsibilities between parties

7. Required Permits and Licenses: List of necessary permits and licenses for property use

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

Relevant legal definitions








































Clauses






























Relevant Industries

Banking & Financial Services

Real Estate

Agriculture

Commercial Property

Residential Property

Industrial Property

Property Development

Construction

Retail

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Compliance

Credit Administration

Property Management

Asset Management

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Financial Manager

Legal Counsel

Bank Manager

Mortgage Officer

Leasing Manager

Real Estate Developer

Commercial Property Officer

Risk Manager

Compliance Officer

Property Administrator

Asset Manager

Credit Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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