The Loan And Mortgage Agreement is a fundamental document in Swiss secured lending transactions, used when providing financing secured against real estate property in Switzerland. It serves multiple purposes: documenting the loan terms, establishing security rights over the property, and ensuring compliance with Swiss banking and property laws. This document is essential for both residential and commercial property financing, requiring careful consideration of Swiss Civil Code provisions regarding property rights and security interests. The agreement typically includes detailed sections on loan terms, property details, security arrangements, and enforcement mechanisms. It must be structured to comply with Swiss formality requirements, particularly regarding the creation and registration of mortgage certificates (Schuldbriefe) and notarization requirements where applicable.
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: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the loan and mortgage arrangement, including purpose of the loan
3. Definitions: Key terms used throughout the agreement
4. The Loan: Principal amount, purpose, and disbursement conditions
5. Interest and Fees: Interest rate(s), calculation method, payment periods, and any applicable fees
6. Repayment Terms: Repayment schedule, method of payment, and early repayment provisions
7. The Property: Detailed description of the mortgaged property and its legal status
8. The Mortgage: Terms of the mortgage security, including type of mortgage and ranking
9. Borrower's Representations and Warranties: Confirmations regarding legal capacity, property ownership, and other material facts
10. Borrower's Covenants: Ongoing obligations regarding property maintenance, insurance, and permitted use
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement: Rights and procedures for enforcing the security in case of default
13. Costs and Expenses: Allocation of costs related to the loan and mortgage
14. Notices: Communication requirements and contact details
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required beyond standard property insurance
2. Property Valuation: Specific provisions regarding property valuation when regular revaluation is required
3. Interest Rate Adjustment: Mechanisms for adjusting variable interest rates when not using a fixed rate
4. Additional Security: Terms for additional security when required beyond the mortgage
5. Construction Provisions: Special provisions when the loan is for construction or renovation purposes
6. Assignment and Transfer: Terms for transferring or assigning the loan when this possibility needs to be explicitly addressed
7. Multiple Borrowers: Special provisions when there are multiple borrowers
8. Tax Provisions: Specific tax-related provisions when relevant for cross-border situations
1. Property Description Schedule: Detailed legal description of the property, including land register details
2. Payment Schedule: Detailed amortization table and payment dates
3. Insurance Schedule: Details of required insurance coverage and policies
4. Form of Drawdown Notice: Template for requesting loan disbursements
5. Property Valuation Report: Initial property valuation details
6. Due Diligence Documents: List of required documents and confirmations
7. Building Permits and Zoning: Relevant permits and zoning regulations affecting the property
8. Form of Mortgage Certificate: Template or copy of the mortgage certificate (Schuldbrief)
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Construction & Development
Insurance
Legal Services
Property Management
Mortgage Broking
Private Banking
Commercial Property
Residential Property
Relevant Teams
Legal
Credit Risk
Compliance
Real Estate
Mortgage Operations
Banking Operations
Property Services
Credit Administration
Document Management
Loan Administration
Risk Assessment
Client Relations
Relevant Roles
Legal Counsel
Mortgage Advisor
Credit Officer
Risk Manager
Property Lawyer
Banking Lawyer
Loan Officer
Relationship Manager
Compliance Officer
Real Estate Manager
Credit Risk Analyst
Property Valuation Specialist
Banking Operations Manager
Mortgage Underwriter
Transaction Manager
Find the exact document you need
Personal Loan Contract Between Family
Swiss-law governed agreement formalizing loan arrangements between family members, including terms for amount, repayment, and interest.
find out more
Legally Binding Loan Agreement
Swiss law-governed loan agreement establishing terms and conditions for lending arrangements, including loan amount, interest, repayment terms, and party obligations.
find out more
Simple Shareholder Loan Agreement
A Swiss-law governed agreement documenting the terms of a loan from a shareholder to their company, including key commercial terms and compliance requirements.
find out more
Employer Loan To Employee Agreement
A Swiss law-governed agreement establishing terms for an employer-provided loan to an employee, including loan amount, repayment terms, and employment-related provisions.
find out more
Unsecured Personal Loan Agreement
Swiss law-governed agreement for unsecured personal lending, compliant with Swiss Code of Obligations and Consumer Credit Act requirements.
find out more
Term Loan Facility Agreement
Swiss law-governed agreement establishing terms and conditions for a term loan facility, including loan amount, interest, repayment, and security arrangements.
find out more
Personal Loan Letter
A Swiss-law governed Personal Loan Letter documenting terms and conditions of a personal loan, including amount, interest, and repayment terms.
find out more
Family Member Promissory Note
A Swiss-law governed promissory note documenting loan arrangements between family members, incorporating specific provisions for familial financial arrangements and Swiss legal requirements.
find out more
Loan Agreement Between Family Members
Swiss law-governed loan agreement template for structured lending arrangements between family members, incorporating key Swiss legal requirements and family law considerations.
find out more
Facility Loan Agreement
Swiss law-governed agreement establishing terms and conditions for providing loan facilities, including key lending terms, security arrangements, and regulatory compliance requirements.
find out more
Overagreement
A Swiss law framework agreement establishing master terms for ongoing business relationships and future transactions.
find out more
Loan Note Register
A Swiss law-governed register documenting the ownership and transfer of loan notes, serving as the official record under Swiss securities regulations.
find out more
Litigation Financing Agreement
Swiss law-governed agreement establishing terms for third-party litigation funding, including funding scope, returns, and control mechanisms.
find out more
Inter Corporate Loan Agreement
A Swiss law-governed agreement establishing terms for corporate-to-corporate lending, structured under Swiss Code of Obligations and financial regulations.
find out more
House Loan Contract
A Swiss law-governed agreement between a lender and borrower for residential property financing, detailing loan terms, security arrangements, and obligations under Swiss banking regulations.
find out more
Money Lending Form
A Swiss-law governed agreement establishing terms and conditions for lending money, compliant with Swiss banking and financial regulations.
find out more
Subordinated Loan Agreement
A Swiss law financing agreement documenting a subordinated loan arrangement where the lender's claims rank behind senior creditors, incorporating specific Swiss legal and regulatory requirements.
find out more
Promise Note
A Swiss law-governed formal instrument containing an unconditional promise to pay a specified sum of money to a designated party at a future date.
find out more
Interest Loan Agreement
A Swiss law-governed agreement establishing terms for an interest-bearing loan, including loan amount, interest rates, and repayment conditions.
find out more
Personal Loan Between Friends Contract
A Swiss law-governed agreement formalizing a personal loan arrangement between friends, including loan terms, repayment conditions, and parties' obligations.
find out more
Contract For Land Purchase
Swiss law-governed agreement for land transfer, requiring notarization and land registry registration, detailing property specifications, price, and transfer conditions.
find out more
Loan Participation Agreement
Swiss law-governed agreement establishing terms for a financial institution's participation in a loan made by another lender, including payment mechanics and risk allocation.
find out more
Investment Loan Contract
A Swiss law-governed agreement establishing terms for providing and managing investment-focused loan facilities, incorporating key Swiss regulatory requirements and investment criteria.
find out more
Facility Agreement
A Swiss law-governed agreement establishing terms and conditions for providing financial facilities, incorporating Swiss legal requirements and international lending practices.
find out more
Small Business Loan Contract
Swiss law-governed loan agreement for small business financing, compliant with Swiss banking regulations and commercial law.
find out more
Simple Loan Term Sheet
A preliminary document under Swiss law outlining key commercial and legal terms of a proposed loan arrangement, serving as the foundation for a detailed loan agreement.
find out more
Loan Forgiveness Agreement
A Swiss law-governed agreement documenting the release of a borrower from their obligation to repay all or part of an existing loan, including associated terms and conditions.
find out more
Loan And Mortgage Agreement
A Swiss law-governed agreement combining loan provisions with mortgage security arrangements, establishing terms for lending and property security in Switzerland.
find out more
Loan Agreement Term Sheet
A Swiss law-governed term sheet outlining key commercial and legal terms for a proposed loan facility, serving as the foundation for detailed loan documentation.
find out more
Line Of Credit Contract
A Swiss law-governed agreement establishing a flexible credit facility between a lender and borrower, setting out terms for accessing and repaying credit up to a predetermined limit.
find out more
International Loan Agreement
Swiss law-governed agreement establishing terms for international lending arrangements, including loan terms, security, and cross-border considerations.
find out more
Equipment Loan Agreement Form
Swiss law-governed agreement establishing terms for temporary equipment loans, including maintenance, liability, and return conditions.
find out more
Short Term Loan Agreement
Swiss law-governed agreement establishing terms and conditions for a short-term loan, including loan amount, interest, and repayment provisions.
find out more
Real Estate Mortgage Agreement
A Swiss law-governed agreement establishing a mortgage over real estate property, detailing loan terms and security arrangements under the Swiss mortgage certificate (Schuldbrief) system.
find out more
Real Estate Loan Agreement
A Swiss law-governed agreement setting out terms and conditions for real estate-secured financing, including loan terms, security arrangements, and compliance with Swiss banking and property regulations.
find out more
Mezzanine Loan Agreement
A Swiss law-governed agreement for subordinated debt financing with equity-like features, establishing terms for mezzanine lending including security, subordination, and potential equity conversion rights.
find out more
Master Loan Agreement
Swiss law-governed framework agreement establishing terms and conditions for ongoing lending relationships between financial institutions and borrowers.
find out more
Margin Loan Agreement
A Swiss law agreement governing margin lending facilities secured by financial instruments, compliant with Swiss financial services regulations and banking requirements.
find out more
Loan Note Agreement
A Swiss law-governed agreement documenting terms of loan notes issuance, including interest, repayment, and noteholder rights.
find out more
Loan Guarantee Agreement
A Swiss law-governed agreement where a guarantor secures a borrower's loan obligations, subject to Swiss Code of Obligations requirements.
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)