The Loan and Mortgage Agreement is a crucial document used in Australian financing transactions where funds are advanced against the security of real property. This document is essential for both residential and commercial property financing, combining the loan facility terms with the security arrangement. It must comply with Australian federal legislation including the National Consumer Credit Protection Act 2009 (Cth) and state-based property laws. The agreement is typically used by financial institutions, private lenders, and borrowers to document property-secured lending arrangements, protecting both parties' interests while ensuring regulatory compliance. It includes comprehensive details about the loan facility, security arrangements, borrower obligations, property requirements, and enforcement mechanisms.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Identifies the lender, borrower, and any other parties to the agreement
2. Background: Sets out the context of the loan and mortgage arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Loan Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest and Fees: Specifies interest rate, calculation method, and applicable fees
6. Repayment Terms: Outlines repayment schedule, method, and prepayment provisions
7. Security Arrangements: Details of the mortgage and security over the property
8. Borrower's Representations and Warranties: Borrower's confirmations about their situation and the property
9. Borrower's Obligations: Ongoing obligations regarding the property and loan maintenance
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement Rights: Lender's rights and remedies upon default
12. Property Insurance: Requirements for insuring the mortgaged property
13. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Guarantor Provisions: Required when there are guarantors securing the loan obligations
2. Additional Security: Used when other assets or security interests are provided besides the primary mortgage
3. Special Purpose Covenants: For loans restricted to specific purposes (e.g., construction, business use)
4. Multiple Borrowers: Additional provisions for joint and several liability when there are multiple borrowers
5. Electronic Communication Consent: Optional section for agreements to receive notices electronically
6. Redraw Facility: Terms for any redraw facility on advance payments
7. Offset Account: Terms for any offset account arrangements
8. Construction Provisions: Required for construction loans with progressive drawdowns
1. Schedule 1 - Property Details: Legal description and details of the mortgaged property
2. Schedule 2 - Loan Summary: Key financial terms including loan amount, interest rate, and payment schedule
3. Schedule 3 - Fees and Charges: Detailed breakdown of all applicable fees and charges
4. Schedule 4 - Drawdown Requirements: Conditions and documentation required for loan drawdown
5. Schedule 5 - Insurance Requirements: Specific insurance requirements for the property
6. Appendix A - Direct Debit Request: Form for setting up automatic payment arrangements
7. Appendix B - Privacy Notice: Mandatory privacy statements and consents
8. Appendix C - Statutory Notices: Required statutory warnings and information statements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Finance
Real Estate
Property Development
Construction
Legal Services
Financial Services
Mortgage Broking
Insurance
Professional Services
Relevant Teams
Legal
Finance
Credit
Compliance
Risk Management
Property Services
Loan Operations
Document Management
Client Services
Mortgage Services
Relevant Roles
Legal Counsel
Finance Manager
Credit Manager
Loan Officer
Mortgage Broker
Compliance Officer
Risk Manager
Property Manager
Banking Executive
Credit Analyst
Legal Assistant
Conveyancer
Settlement Officer
Financial Advisor
Relationship Manager
Find the exact document you need
Evergreen Loan Agreement
An Australian law-governed perpetual loan facility agreement establishing an ongoing credit arrangement with automatic renewal provisions.
find out more
Personal Car Loan Contract
An Australian-law governed loan agreement for personal vehicle financing, compliant with national consumer credit legislation.
find out more
Cash Loan Simple Loan Agreement
An Australian-law governed agreement establishing terms and conditions for a monetary loan between a lender and borrower, compliant with national credit protection regulations.
find out more
Generic Loan Agreement
An Australian law-governed agreement establishing the terms and conditions for a loan between parties, including amount, interest, repayment terms, and security arrangements.
find out more
Term Loan Agreement Non Regulated
An Australian law-governed agreement for a fixed-term commercial loan facility, setting out terms and conditions for business lending outside consumer credit regulations.
find out more
Simple Equipment Loan Agreement
An Australian-compliant agreement governing the temporary loan of equipment between parties, including terms, conditions, and responsibilities.
find out more
Model Loan Agreement
An Australian-compliant template loan agreement covering essential lending terms and regulatory requirements for use in commercial and consumer lending contexts.
find out more
Facility Loan Agreement
An Australian law-governed agreement establishing terms and conditions for a loan facility, including facility amount, interest rates, repayment terms, and security arrangements.
find out more
Computer Equipment Loan Agreement
An Australian-law governed agreement establishing terms for temporary computer equipment loans, including usage conditions, maintenance responsibilities, and return procedures.
find out more
Standard Loan Agreement
An Australian-law governed agreement establishing terms for financial lending, including loan amount, interest, repayment terms, and security arrangements.
find out more
Master Securities Loan Agreement
An Australian law-governed agreement template for securities lending transactions between financial institutions, establishing terms for securities loans and collateral arrangements.
find out more
Film Equity Investment Agreement
Australian-law governed agreement for equity investment in film production, establishing investment terms, rights, and revenue sharing arrangements.
find out more
Co Financing Agreement
An Australian law-governed agreement establishing terms for multiple lenders to jointly provide financing to a borrower, subject to Australian banking and corporate regulations.
find out more
OverFacility Agreement
An Australian-law agreement establishing an overdraft facility between a financial institution and borrower, detailing credit limits, terms, and obligations.
find out more
Investment Loan Contract
An Australian law-governed agreement establishing terms and conditions for investment financing, including loan details, security arrangements, and regulatory compliance requirements.
find out more
Tripartite Loan Agreement
An Australian-law governed agreement establishing a three-way lending arrangement between a lender, borrower, and third party, detailing loan terms and party obligations.
find out more
Loan And Mortgage Agreement
An Australian law-governed agreement establishing loan terms and mortgage security arrangements over real property, compliant with national credit and property legislation.
find out more
Lease Hire Agreement
An Australian-compliant agreement governing the terms and conditions for hiring assets or equipment, suitable for both business and consumer leasing arrangements.
find out more
Hire Purchase Agreement For Car
An Australian law-compliant agreement for purchasing a vehicle through structured payments, with ownership transferring to the buyer upon final payment.
find out more
Deed Of Accession Loan Agreement
An Australian law-governed deed enabling a new party to join and assume rights and obligations under an existing loan agreement.
find out more
Co Borrower Loan Agreement
An Australian legal agreement establishing terms and conditions for multiple borrowers to jointly obtain and repay a loan, subject to Australian federal and state lending laws.
find out more
Bike Hire Purchase Agreement
An Australian law-governed agreement for the hire purchase of bicycles, establishing payment terms, usage conditions, and ownership transfer upon final payment.
find out more
Bridge Loan Contract
An Australian law-governed agreement for short-term interim financing, establishing loan terms, security arrangements, and repayment conditions.
find out more
Undertaking Loan Agreement
An Australian law-governed loan agreement detailing terms, conditions, and undertakings for financial accommodation between lender and borrower.
find out more
Trade Finance Agreement
An Australian law-governed agreement establishing trade finance facilities between a bank and borrower, detailing products, terms, and security arrangements.
find out more
Separation Financial Agreement
An Australian legal document that formalizes financial arrangements between separating couples under the Family Law Act 1975, detailing asset division and financial responsibilities.
find out more
Seller Financing Car Contract
An Australian contract for selling a vehicle with seller-provided financing, compliant with national consumer credit and state vehicle regulations.
find out more
Real Estate Loan Agreement
An Australian-law governed agreement establishing terms and conditions for a property-secured loan, including lending terms and security arrangements.
find out more
Mezzanine Loan Agreement
Australian law-governed agreement establishing terms for subordinated debt financing, including facility terms, security arrangements, and subordination mechanics.
find out more
Margin Loan Agreement
An Australian-compliant agreement governing margin lending arrangements between a financial institution and borrower, including security provisions and regulatory requirements.
find out more
Loan Swap Agreement
An Australian law-governed agreement for exchanging loan payment obligations between parties, typically involving different interest rates or currencies.
find out more
Loan Note Agreement
An Australian-law governed agreement documenting the issuance of debt securities, setting out terms for borrowing, repayment, and parties' rights and obligations.
find out more
Loan Agreement Between Spouses
An Australian-compliant loan agreement for use between married spouses, documenting loan terms and conditions while ensuring protection under family law.
find out more
Financial Support Agreement
An Australian law-governed agreement establishing terms and conditions for providing financial support between parties, including payment terms, conditions, and compliance requirements.
find out more
Financial Assistance Agreement
An Australian-law governed agreement establishing terms for providing financial assistance, including funding conditions, repayment terms, and party obligations.
find out more
Financial Agreement Between Two Parties
An Australian law-governed agreement establishing financial arrangements between two parties, including payment terms, security provisions, and regulatory compliance requirements.
find out more
Equity Funding Agreement
An Australian-law governed agreement that sets out the terms and conditions for equity investment in a company, including share issuance, investor rights, and governance arrangements.
find out more
Equipment Lease Purchase Agreement
An Australian-compliant agreement combining equipment leasing with a purchase option, allowing businesses to lease equipment with the possibility of ownership.
find out more
Equipment Lease Agreement With Option To Purchase
An Australian law-governed agreement allowing equipment lease with future purchase rights, combining rental flexibility with acquisition options.
find out more
Car Mortgage Agreement
An Australian-law governed agreement creating a security interest over a motor vehicle as collateral for a loan, compliant with national credit and personal property security legislation.
find out more
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)