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Mortgage Agreement
"I need a mortgage agreement for a 30-year fixed-rate loan of $300,000 with a 3.5% interest rate, including clauses for early repayment penalties and property insurance requirements."
What is a Mortgage Agreement?
A Mortgage Agreement is a binding legal contract under Saudi law that creates a security interest in real property, allowing a lender to provide financing while protecting their investment. It details how a borrower pledges their property as collateral for a loan, typically following Shariah-compliant financing principles in the Kingdom.
The agreement spells out crucial terms like payment schedules, profit rates (instead of traditional interest), and the lender's rights if payments are missed. Under Saudi real estate laws, these contracts must be properly registered with the Ministry of Justice and conform to Islamic banking requirements, ensuring the arrangement protects both parties while remaining religiously permissible.
When should you use a Mortgage Agreement?
A Mortgage Agreement becomes essential when purchasing property in Saudi Arabia using financing, particularly through Islamic banks or lending institutions. Most commonly, you'll need one when buying a home, commercial building, or land using Shariah-compliant financing methods like Murabaha or Ijara.
This agreement proves especially valuable for real estate developers, business owners expanding their facilities, and individuals seeking their first home through the Saudi Real Estate Development Fund. The timing is critical - the agreement must be in place before any funds are released, and it needs proper registration with both the lending institution and relevant government authorities to ensure legal protection.
What are the different types of Mortgage Agreement?
- Mortgage Loan Origination Agreement: Primary agreement between Islamic banks and borrowers, outlining Shariah-compliant financing terms and origination process
- Land Mortgage Agreement: Specialized version for undeveloped property financing, with specific terms for land use and development conditions
- Seller Financed Mortgage Contract: Direct property seller-to-buyer financing arrangement, common in commercial real estate transactions
- Owner Financing Mortgage Contract: Used for private property sales with installment payments, particularly in family transactions
- Mortgage Loan Sale Agreement: For transferring existing mortgage rights between financial institutions or investors
Who should typically use a Mortgage Agreement?
- Islamic Banks and Financial Institutions: Primary lenders who draft and enforce the agreements, ensuring Shariah compliance and managing risk
- Property Buyers: Individual homeowners or businesses who receive financing and pledge the property as security
- Shariah Advisors: Review and certify that agreements meet Islamic finance requirements
- Legal Representatives: Draft and review agreements, ensuring compliance with Saudi mortgage laws
- Ministry of Justice Officials: Register and maintain official records of mortgage agreements
- Real Estate Developers: Often involved in large-scale property financing arrangements
- Property Valuers: Provide essential property assessments required for mortgage approval
How do you write a Mortgage Agreement?
- Property Details: Gather complete property documentation, including deed number and location coordinates
- Party Information: Collect identification documents and legal status verification for all involved parties
- Financial Terms: Document the financing amount, profit rate, and payment schedule in Shariah-compliant terms
- Valuation Report: Obtain current property valuation from an approved Saudi assessor
- Compliance Check: Verify alignment with Saudi mortgage laws and Islamic financing principles
- Registration Details: Prepare necessary documentation for Ministry of Justice registration
- Document Generation: Use our platform to create a comprehensive, legally-sound agreement that includes all required elements
What should be included in a Mortgage Agreement?
- Party Identification: Full legal names, addresses, and identification numbers of lender and borrower
- Property Description: Detailed legal description, deed number, and exact location coordinates
- Financing Terms: Shariah-compliant profit rates, payment schedule, and total obligation amount
- Default Provisions: Clear consequences and remedies following Islamic principles
- Security Rights: Lender's rights over the mortgaged property under Saudi law
- Registration Details: Ministry of Justice registration requirements and procedures
- Termination Conditions: Circumstances and process for early settlement or contract termination
- Governing Law: Express reference to Saudi law and Shariah compliance requirements
What's the difference between a Mortgage Agreement and an Asset Purchase Agreement?
A Mortgage Agreement differs significantly from an Asset Purchase Agreement in Saudi Arabia's legal framework. While both involve property transactions, their purposes and structures serve distinct needs in Islamic finance.
- Primary Purpose: Mortgage Agreements create a security interest in property while allowing continued use by the owner; Asset Purchase Agreements transfer complete ownership immediately
- Financial Structure: Mortgage Agreements involve ongoing Shariah-compliant financing arrangements; Asset Purchase Agreements typically involve one-time payments
- Legal Rights: Mortgages maintain dual interests between lender and owner; Asset Purchase transfers all rights to the buyer
- Registration Requirements: Mortgages need specific Ministry of Justice registration as security instruments; Asset Purchases require standard property transfer registration
- Duration: Mortgages remain active until the financing is fully settled; Asset Purchase agreements conclude upon transfer completion
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