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Memorandum Of Mortgage Template for Singapore

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Key Requirements PROMPT example:

Memorandum Of Mortgage

"I need a Memorandum of Mortgage for a commercial property in Singapore, where DBS Bank is the mortgagee providing a loan of SGD 2.5 million, with the mortgage term starting from March 1, 2025, and including specific provisions for early repayment."

What is a Memorandum Of Mortgage?

The Memorandum of Mortgage is a crucial document in Singapore's property financing landscape. It serves as the primary security document for property loans, creating a legal charge over the property in favor of the lender. This document must be prepared in accordance with Singapore's Land Titles Act and other relevant legislation, and requires registration with the Singapore Land Authority. The Memorandum of Mortgage typically includes detailed information about the property, parties involved, loan terms, repayment schedule, and enforcement rights in case of default.

What sections should be included in a Memorandum Of Mortgage?

1. Parties: Details of mortgagor and mortgagee including registration numbers, addresses and authorized representatives

2. Background: Context of the mortgage arrangement, including reference to the underlying loan agreement

3. Definitions: Key terms used in the document including Property, Secured Amounts, Security Documents

4. Property Description: Detailed description of the mortgaged property including lot number, title details and address

5. Principal Sum and Interest: Amount of loan, interest rate, calculation method and payment terms

6. Repayment Terms: Schedule and method of repayment including installment amounts and dates

7. Security Provisions: Terms of the security arrangement including mortgagor's obligations and restrictions

8. Default Provisions: Events of default and consequences including enforcement rights

9. Execution: Signing requirements, attestation and witnessing provisions

What sections are optional to include in a Memorandum Of Mortgage?

1. Insurance Requirements: Specific insurance coverage requirements and obligations for the mortgaged property

2. Assignment Provisions: Terms and conditions for assigning or transferring the mortgage

3. Additional Security: Provisions relating to any additional collateral or security provided

4. HDB Compliance: Special provisions required for HDB properties when applicable

What schedules should be included in a Memorandum Of Mortgage?

1. Property Schedule: Detailed property information including title details, boundaries and encumbrances

2. Payment Schedule: Detailed repayment schedule with installment amounts, dates and interest calculations

3. Special Conditions: Any special terms or conditions specific to this mortgage arrangement

4. Property Plans: Property plans, drawings and surveys where required

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






























Industries

Land Titles Act (Chapter 157): Primary legislation governing the registration and transfer of land titles in Singapore, including mortgage provisions and requirements

Conveyancing and Law of Property Act (Chapter 61): Fundamental law governing property transactions and mortgages, including rights and obligations of mortgagors and mortgagees

Housing and Development Act (Chapter 129): Regulations specific to HDB properties, including mortgage restrictions and requirements for public housing

Moneylenders Act (Chapter 188): Regulations governing mortgages provided by moneylenders, including interest rate caps and licensing requirements

Banking Act (Chapter 19): Regulations applicable when banks are the mortgagees, including prudential requirements and lending restrictions

Singapore Land Authority Requirements: Administrative and procedural requirements for registering mortgages with the land authority

MAS Regulations: Monetary Authority of Singapore's regulatory framework including TDSR and LTV limits for property financing

Trustees Act (Chapter 337): Relevant for mortgages involving trust properties or trustees as parties

Rules of Court: Procedural rules governing mortgage enforcement and legal proceedings

Stamp Duties Act (Chapter 312): Requirements for stamp duty payment and registration of mortgage documents

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