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Mortgage Lease Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Lease Agreement

"Need a Mortgage Lease Agreement for a commercial property in California, where I'll be both the property owner and lessor, with a 10-year mortgage term starting March 2025 and the ability to lease the property to multiple commercial tenants."

Document background
The Mortgage Lease Agreement serves as a crucial document in real estate transactions where property financing and leasing occur simultaneously. This agreement type is commonly used when property owners seek to maintain mortgage financing while generating rental income, or in sale-leaseback arrangements. The document must address both federal requirements (such as TILA and RESPA) and state-specific property laws, making it particularly complex. It includes detailed provisions for mortgage terms, lease conditions, payment schedules, default remedies, and property maintenance obligations.
Suggested Sections

1. Parties: Identification of mortgagor, mortgagee, and any lessees

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed legal description of the mortgaged property

5. Lease Terms: Duration, rent, payment terms

6. Mortgage Terms: Principal, interest rate, payment schedule

7. Default Provisions: Consequences of default on either lease or mortgage

Optional Sections

1. Insurance Requirements: Specific insurance requirements beyond standard coverage

2. Property Maintenance: Specific maintenance requirements and obligations

3. Assignment Rights: Rights to assign the lease or mortgage

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description and property boundaries

2. Schedule B - Payment Schedule: Detailed mortgage and lease payment schedules

3. Schedule C - Insurance Requirements: Detailed insurance specifications

4. Appendix 1 - Property Inspection Report: Initial condition assessment of the property

5. Appendix 2 - Required Disclosures: State and federal required disclosure documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses






























Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

Real Estate Settlement Procedures Act (RESPA): Federal law requiring lenders to provide borrowers with disclosures about real estate transactions and settlement services

Fair Housing Act: Federal law prohibiting discrimination in housing transactions based on race, color, religion, sex, national origin, familial status, or disability

Equal Credit Opportunity Act: Federal law ensuring equal access to credit and prohibiting discrimination in lending practices

Home Mortgage Disclosure Act: Federal law requiring financial institutions to maintain and disclose data about home purchases, refinancing and mortgage applications

SAFE Act: Federal law establishing minimum standards for state licensing and registration of mortgage loan originators

State Property Laws: State-specific regulations governing real property rights, transfers, and obligations

State Landlord-Tenant Laws: State-specific laws governing the rights and responsibilities of landlords and tenants in rental properties

State Mortgage Regulations: State-specific rules governing mortgage lending, foreclosure procedures, and borrower protections

State Consumer Protection Laws: State-specific regulations protecting consumers in financial and real estate transactions

State Recording Requirements: State-specific rules for recording and notarizing real estate documents and mortgages

Local Zoning Ordinances: Municipal regulations governing property use, development, and restrictions

HOA Regulations: Rules and restrictions imposed by Homeowners Associations on properties within their jurisdiction

Tax Laws: Federal and state tax regulations affecting mortgage interest deductions and real estate transactions

Bankruptcy Laws: Federal and state regulations governing the treatment of mortgages and leases in bankruptcy proceedings

CFPB Guidelines: Consumer Financial Protection Bureau regulations and guidance for mortgage lending and servicing

UCC Provisions: Uniform Commercial Code regulations pertaining to secured transactions and property rights

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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