The Mortgage Loan Agreement is a fundamental legal document used in Belgian real estate financing transactions when a borrower seeks to obtain funding secured against real property. This document is essential for both residential and commercial property purchases, refinancing, or equity release arrangements. The agreement must comply with Belgian financial regulations, including Book VII of the Code of Economic Law and the Belgian Mortgage Law of 1851, as well as European Union directives on mortgage credit. It sets out comprehensive terms covering loan disbursement, repayment obligations, security creation, and enforcement rights, while incorporating mandatory consumer protection provisions required under Belgian law. The document is typically executed before a Belgian notary and must be registered with the appropriate mortgage registry.
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1. Parties: Identification of the lender and borrower(s) with full legal details
2. Background: Context of the loan agreement and purpose of the mortgage
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Principal amount, interest rate, term, and key financial conditions
5. Property Details: Legal description and details of the mortgaged property
6. Security Creation: Terms creating the mortgage security over the property
7. Borrower's Representations: Borrower's confirmations regarding their situation and the property
8. Conditions Precedent: Conditions that must be met before the loan is advanced
9. Drawdown Provisions: Terms governing how and when the loan funds will be released
10. Repayment Terms: Payment schedule, methods, and repayment obligations
11. Interest Provisions: Detailed terms regarding interest calculation and payment
12. Insurance Requirements: Mandatory insurance coverage for the property
13. Borrower Covenants: Ongoing obligations of the borrower during the loan term
14. Property Maintenance: Requirements for maintaining the mortgaged property
15. Events of Default: Circumstances constituting default and consequences
16. Enforcement Rights: Lender's rights and remedies upon default
17. Costs and Expenses: Allocation of fees, costs, and expenses
18. Notices: Communication requirements and contact details
19. Governing Law: Confirmation of Belgian law governance and jurisdiction
1. Guarantor Provisions: Terms applicable when there is a guarantor for the loan
2. Co-borrower Provisions: Additional terms for multiple borrowers
3. Property Development: Special conditions for properties under construction or renovation
4. Early Repayment: Terms for voluntary early repayment if offered
5. Interest Rate Variation: Terms for variable interest rate if applicable
6. Special Purpose Vehicle: Additional provisions when borrower is a corporate entity
7. Rental Provisions: Terms regarding property rental if permitted
8. Cross-collateralization: Terms when multiple properties secure the loan
1. Property Schedule: Detailed legal description and title information of the property
2. Repayment Schedule: Detailed amortization table and payment dates
3. Insurance Schedule: Specific insurance requirements and minimum coverage
4. Interest Rate Schedule: Interest rate calculations and adjustment mechanisms
5. Fees Schedule: Breakdown of all applicable fees and charges
6. Form of Drawdown Notice: Template for requesting loan disbursement
7. Property Valuation Report: Official valuation of the mortgaged property
8. Required Documents: List of documents required for loan completion
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Relevant Teams
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Client Relations
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Relevant Roles
Legal Counsel
Mortgage Officer
Credit Manager
Risk Officer
Compliance Officer
Real Estate Manager
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Banking Relationship Manager
Loan Officer
Notary
Property Valuation Expert
Financial Controller
Credit Risk Analyst
Branch Manager
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