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Mortgage Loan Sale Agreement

Mortgage Loan Sale Agreement Template for Pakistan

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Key Requirements PROMPT example:

Mortgage Loan Sale Agreement

"I need a Mortgage Loan Sale Agreement for the transfer of a conventional mortgage portfolio worth PKR 500 million from ABC Bank to XYZ Financial Institution, with completion scheduled for March 2025; the agreement should include post-completion servicing arrangements where the seller continues to service the loans."

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Document background
The Mortgage Loan Sale Agreement is utilized when a financial institution in Pakistan wishes to transfer part or all of its mortgage loan portfolio to another institution. This transaction type is common in portfolio management, capital optimization, or strategic realignment of banking assets. The agreement must comply with Pakistani banking regulations, particularly the Banking Companies Ordinance 1962 and State Bank of Pakistan guidelines. It covers the transfer of loan receivables, security interests, and related rights while ensuring proper notification to borrowers and registration of security interest transfers. The document is crucial for financial institutions engaging in portfolio sales, requiring careful consideration of both conventional and Islamic banking principles where applicable, and must address specific local law requirements including registration, stamp duty, and regulatory approvals.
Suggested Sections

1. Parties: Identification of the seller (original lender) and buyer of the mortgage loans

2. Background: Context of the transaction, including the existence of the mortgage portfolio and intention to sell

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

4. Sale and Purchase: Core transaction terms including the sale of mortgage loans and related rights

5. Purchase Price: Details of consideration, payment terms, and any adjustments

6. Completion: Mechanics of closing the transaction, including timing and deliverables

7. Seller's Representations and Warranties: Warranties about the loan portfolio, seller's authority, and compliance with laws

8. Buyer's Representations and Warranties: Warranties about buyer's authority and capacity to purchase

9. Pre-Completion Obligations: Actions required before completion, including regulatory approvals

10. Post-Completion Obligations: Ongoing obligations including notice to borrowers and documentation transfer

11. Indemnification: Indemnity provisions for breach of warranties or obligations

12. Confidentiality: Protection of confidential information exchanged during the transaction

13. Notices: Process for formal communications between parties

14. Governing Law and Jurisdiction: Specification of Pakistani law and jurisdiction

15. General Provisions: Standard boilerplate clauses including amendments, waivers, and severability

Optional Sections

1. Islamic Banking Compliance: Required if the mortgage loans are Shariah-compliant or if either party is an Islamic banking institution

2. Servicing Arrangements: Include if the seller will continue to service the loans post-sale

3. Security Trustee Provisions: Required if a security trustee is involved in holding security for the mortgage loans

4. Data Protection: Detailed section needed if significant personal data is being transferred

5. Anti-Money Laundering: Enhanced provisions if required by the nature of the portfolio or regulatory requirements

6. Foreign Exchange Provisions: Required if the transaction involves cross-border elements or foreign currency

7. Tax Provisions: Detailed tax clauses needed if complex tax implications exist

Suggested Schedules

1. Schedule 1 - Mortgage Loan Portfolio: Detailed list of all mortgage loans being sold, including key details of each loan

2. Schedule 2 - Form of Transfer Instruments: Templates for documents required to effect the transfer of each mortgage

3. Schedule 3 - Completion Deliverables: Checklist of all documents and actions required at completion

4. Schedule 4 - Seller's Power of Attorney: Form of power of attorney for post-completion actions

5. Schedule 5 - Property Details: Details of the mortgaged properties securing the loans

6. Schedule 6 - Existing Security Documents: List of all security documents relating to the mortgage loans

7. Appendix A - Required Regulatory Approvals: List of regulatory approvals needed for the transaction

8. Appendix B - Form of Notices to Borrowers: Template notices to inform borrowers of the change in lender

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses








































Relevant Industries

Banking

Financial Services

Real Estate

Mortgage Lending

Investment Banking

Islamic Banking

Asset Management

Property Development

Relevant Teams

Legal

Finance

Risk Management

Compliance

Credit Operations

Portfolio Management

Treasury

Islamic Banking

Property Finance

Regulatory Affairs

Asset Management

Due Diligence

Relevant Roles

Chief Financial Officer

Head of Legal

Portfolio Manager

Credit Risk Manager

Mortgage Operations Manager

Compliance Officer

Treasury Manager

Legal Counsel

Banking Operations Director

Asset Management Director

Islamic Banking Specialist

Property Finance Manager

Due Diligence Manager

Regulatory Affairs Manager

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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