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Hard Money Lending Contract Template for England and Wales

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Hard Money Lending Contract

"I need a Hard Money Lending Contract for a £500,000 loan secured against a commercial property in Manchester, with a 12-month term starting March 2025 and an interest rate of 12% per annum, including early repayment provisions."

What is a Hard Money Lending Contract?

Hard Money Lending Contracts have become increasingly prevalent in the UK property market as an alternative to traditional financing. This contract type is particularly useful for time-sensitive property transactions, renovation projects, or situations where conventional lending criteria cannot be met. The Hard Money Lending Contract, governed by English and Welsh law, includes comprehensive provisions for loan terms, security arrangements, interest calculations, and default scenarios. It's designed to protect both lender and borrower while ensuring compliance with UK financial regulations, including the Consumer Credit Act 1974 and Financial Services and Markets Act 2000.

What sections should be included in a Hard Money Lending Contract?

1. 1. Parties: Identification of lender and borrower with full legal details

2. 2. Background: Context of the loan and purpose

3. 3. Definitions: Key terms used throughout the agreement

4. 4. Loan Amount and Purpose: Specification of loan amount and permitted use

5. 5. Interest Rate and Calculations: Interest rate terms, calculation method, and payment schedule

6. 6. Security: Details of assets securing the loan

7. 7. Repayment Terms: Payment schedule, methods, and early repayment provisions

8. 8. Default Provisions: Consequences of default and remedies

9. 9. Representations and Warranties: Statements of fact by borrower

What sections are optional to include in a Hard Money Lending Contract?

1. Additional Security Provisions: Detailed security arrangements when multiple assets are used as security

2. Insurance Requirements: Required insurance coverage for secured assets when securing against physical assets

3. Guarantor Provisions: Terms relating to guarantors when loan includes third-party guarantees

4. Special Conditions: Additional terms specific to the loan when unique circumstances apply

What schedules should be included in a Hard Money Lending Contract?

1. Schedule 1 - Property Details: Details of property/assets used as security

2. Schedule 2 - Payment Schedule: Detailed repayment schedule with dates and amounts

3. Schedule 3 - Conditions Precedent: List of conditions to be met before loan disbursement

4. Appendix A - Form of Security Document: Template security documentation

5. Appendix B - Notice Requirements: Forms and procedures for various notices

Authors

Alex Denne

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

Relevant legal definitions



































Clauses


























Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements, including licensing, documentation requirements, and consumer protections in lending

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services in the UK, including lending activities and their supervision

Consumer Rights Act 2015: Consolidates consumer protection law, including unfair terms in consumer contracts and enforcement of consumer rights

Business Contract Terms (Assignment of Receivables) Regulations 2018: Governs the assignment of receivables in business contracts, relevant for securitization or transfer of lending rights

Financial Services Act 2021: Updates to financial services regulation post-Brexit, including amendments to regulatory frameworks for lending

FCA Regulations: Regulatory requirements set by the Financial Conduct Authority for lending activities, including conduct rules and consumer protection

MCOB Rules: Mortgage and Home Finance: Conduct of Business sourcebook - specific rules for property-secured lending

CONC Requirements: Consumer Credit sourcebook requirements governing consumer credit activities and consumer lending practices

Law of Property Act 1925: Fundamental property law legislation affecting secured lending and property rights

Land Registration Act 2002: Governs the registration of land and charges, crucial for secured lending against property

Money Laundering Regulations 2017: Requirements for anti-money laundering checks and procedures in financial transactions

Proceeds of Crime Act 2002: Legislative framework for dealing with criminal proceeds, including money laundering provisions affecting lenders

Late Payment of Commercial Debts (Interest) Act 1998: Governs interest charges on late commercial payments and statutory interest rates

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers against unfair terms in contracts, including lending agreements

UK GDPR: Data protection requirements for handling personal information in lending relationships

Data Protection Act 2018: UK's implementation of data protection requirements, including handling of financial and personal data

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices in consumer transactions, including lending

Financial Services (Distance Marketing) Regulations 2004: Governs the remote marketing and execution of financial services contracts, including loans

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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