The Private Mortgage Contract is a fundamental legal document used in Danish real estate financing transactions to establish and document mortgage arrangements between lenders and borrowers. This document is essential when individuals or entities seek to obtain financing secured against real property in Denmark. It must comply with strict Danish regulatory requirements, including the Danish Mortgage-Credit Loans and Mortgage-Credit Bonds Act, property registration laws, and consumer protection legislation. The contract typically includes detailed provisions on loan amount, interest calculations, repayment terms, security arrangements, borrower obligations, and enforcement procedures. It's designed to protect both lender and borrower interests while ensuring compliance with Danish mortgage lending practices and regulations.
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Key Requirements PROMPT example:
Private Mortgage Contract
I need a Private Mortgage Contract under Danish law for a residential property purchase in Copenhagen, with a loan amount of 2.5 million DKK, fixed interest rate of 3.5% for the first 5 years, and the option to rent out one room of the property.
1. Parties: Identification of the lender and borrower with full legal names, addresses, and identification numbers
2. Background: Context of the mortgage agreement, including property purchase details and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Principal amount, interest rate, term of loan, and payment schedule
5. Security: Description of the mortgaged property and details of the security being granted
6. Interest and Payments: Interest calculation method, payment dates, prepayment terms and conditions
7. Property Obligations: Borrower's obligations regarding property maintenance, insurance, and permitted use
8. Representations and Warranties: Borrower's declarations regarding their financial status, property ownership, and legal capacity
9. Events of Default: Circumstances constituting default and their consequences
10. Enforcement Rights: Lender's rights and remedies in case of default, including foreclosure procedures
11. Costs and Expenses: Allocation of costs related to the mortgage, including registration fees and enforcement costs
12. Notices: Communication requirements and contact details for formal notices
13. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Guarantor Provisions: Terms applicable when a third-party guarantor is involved in securing the loan
2. Property Development Conditions: Special conditions for properties under development or renovation
3. Multiple Borrowers: Additional terms for situations with multiple borrowers
4. Foreign Currency Provisions: Special terms for loans denominated in foreign currencies
5. Environmental Warranties: Additional warranties regarding environmental condition of the property
6. Rental Provisions: Terms applicable if the property is or will be rented out
7. Priority Agreement: Terms regarding the priority of the mortgage in relation to other charges
1. Property Description: Detailed legal description of the mortgaged property including land registry details
2. Payment Schedule: Detailed amortization schedule showing principal and interest payments
3. Insurance Requirements: Specific insurance requirements and minimum coverage amounts
4. Property Valuation Report: Professional valuation of the property
5. Prior Charges: List of existing charges or encumbrances on the property
6. Special Conditions: Any property-specific conditions or requirements
7. Fee Schedule: Breakdown of all fees and charges associated with the mortgage
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