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Guarantors Covenant Mortgage Deed for the United Kingdom

Guarantors Covenant Mortgage Deed Template for England and Wales

A Guarantors Covenant Mortgage Deed is a legal document under English and Welsh law that creates a binding guarantee obligation in relation to a mortgage facility. It provides additional security to the lender by introducing a third party (guarantor) who commits to fulfilling the borrower's obligations if they default. The deed must comply with strict formal requirements under English property law and is typically registered at the Land Registry.

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What is a Guarantors Covenant Mortgage Deed?

The Guarantors Covenant Mortgage Deed is commonly used in England and Wales when additional security is required for a mortgage facility. This document is particularly relevant when a borrower's covenant strength alone is insufficient to satisfy the lender's requirements. The deed creates a legally binding commitment from the guarantor to step in and meet the borrower's obligations if they default. It typically includes detailed provisions about the scope of the guarantee, enforcement mechanisms, and the guarantor's obligations. This document must comply with the formal requirements of English property law and is usually registered at the Land Registry.

What sections should be included in a Guarantors Covenant Mortgage Deed?

1. Parties: Details of the guarantor, lender, and borrower involved in the mortgage deed

2. Background: Context of the primary mortgage and guarantee arrangement, including reference to the principal debt

3. Definitions: Key terms used throughout the deed including definitions of Secured Liabilities, Property, and Security

4. Guarantee and Indemnity: Core covenant provisions and extent of guarantee, including primary obligations

5. Duration and Scope: Term of guarantee and extent of covered obligations

6. Guarantor's Obligations: Specific duties, responsibilities and covenants of the guarantor

7. Enforcement Provisions: Lender's rights and remedies in case of default

8. Representations and Warranties: Guarantor's confirmations regarding their capacity and authority

9. Execution: Formal execution blocks for all parties

What sections are optional to include in a Guarantors Covenant Mortgage Deed?

1. Security Provisions: Additional security arrangements when the guarantee is supported by specific assets

2. Cross-Default Provisions: Provisions linking defaults under other facilities or agreements

3. Limited Recourse: Specific limitations on guarantor liability where guarantee is to be limited in scope

4. Additional Covenants: Special undertakings required for specific circumstances or complex guarantee arrangements

What schedules should be included in a Guarantors Covenant Mortgage Deed?

1. Schedule 1 - Property Details: Detailed description of the mortgaged property including title number and address

2. Schedule 2 - Primary Facility Agreement: Details of the main loan or facility being guaranteed

3. Schedule 3 - Secured Obligations: Comprehensive list of obligations covered by the guarantee

4. Schedule 4 - Forms of Notice: Standard form notices for enforcement and other communications

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions


































Clauses



























Industries

Law of Property Act 1925: Core legislation governing property law in England and Wales, covering mortgage execution, legal charges, deed requirements, and mortgagee powers and remedies

Land Registration Act 2002: Legislation governing the registration of mortgages, priority rules, and electronic registration requirements for land and property charges

Financial Services and Markets Act 2000: Establishes the regulatory framework for mortgage lending and financial promotion rules in the UK

Consumer Credit Act 1974: Legislation covering regulated credit agreements and consumer protection provisions that may apply to guaranteed mortgages

Unfair Contract Terms Act 1977: Controls the use of exclusion clauses and establishes reasonableness requirements in contracts

MCOB Rules: FCA Mortgage Conduct of Business Rules covering regulated mortgages, including disclosure requirements and customer treatment standards

Consumer Rights Act 2015: Legislation ensuring fairness and transparency in consumer contracts, including mortgage documentation

Human Rights Act 1998: Relevant for possession proceedings and enforcement of mortgage rights

Land Registry Requirements: Specific forms and requirements for registering mortgages and charges at the Land Registry

Stamp Duty Land Tax Regulations: Tax implications and requirements related to mortgage transactions

Money Laundering Regulations 2017: Requirements for identity verification and anti-money laundering checks in mortgage transactions

Mortgage Credit Directive Order 2015: Implements EU regulations on mortgage credit, affecting how mortgage products are sold and administered

Teams

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