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Mortgage Agreement
I need a mortgage agreement for a residential property purchase in Hong Kong, with a fixed interest rate for the first 5 years, a 20-year loan term, and provisions for early repayment without penalties. The agreement should also include details on property insurance requirements and late payment penalties.
What is a Mortgage Agreement?
A Mortgage Agreement is a binding legal contract where a property owner pledges their real estate as security for a loan from a bank or financial institution in Hong Kong. It gives the lender specific rights over the mortgaged property, including the power to sell if loan payments aren't met.
Under Hong Kong's Conveyancing and Property Ordinance, this agreement spells out crucial details like loan amount, interest rates, repayment terms, and both parties' obligations. The document must be registered with the Land Registry to protect the lender's interests and ensure the arrangement is legally enforceable against third parties.
When should you use a Mortgage Agreement?
You need a Mortgage Agreement when buying property in Hong Kong and require bank financing to complete the purchase. Most commonly, this happens when purchasing residential flats, commercial spaces, or investment properties where the full purchase price isn't available upfront.
The agreement becomes essential during refinancing too, when switching lenders or negotiating better terms on an existing mortgage. Hong Kong banks require this document before releasing any funds, and property developers often need it when selling units in new developments where buyers rely on mortgage financing.
What are the different types of Mortgage Agreement?
- Agreement For Mortgage Of Property: The standard form used for residential properties, setting out basic loan terms and security arrangements
- Mortgage Sales Agreement: Specialized version for property developers selling new developments with mortgage arrangements
- Loan Agreement: Supplementary document focusing on the financial terms of the mortgage
- Mortgage Application Form: Initial document to start the mortgage process with basic borrower information
- Mortgage Confirmation Form: Final documentation confirming mortgage terms and conditions after approval
Who should typically use a Mortgage Agreement?
- Borrowers: Property buyers who need financing, including first-time homeowners, investors, and commercial property purchasers
- Banks/Lenders: Financial institutions providing the mortgage loans, typically major Hong Kong banks like HSBC or Bank of China
- Property Developers: Companies selling new properties who often arrange mortgage financing packages with partner banks
- Legal Representatives: Solicitors who draft and review Mortgage Agreements, ensuring compliance with Hong Kong property laws
- Property Agents: Real estate professionals who facilitate the transaction and coordinate between parties
- Land Registry: Government body that registers and maintains records of all mortgage documents
How do you write a Mortgage Agreement?
- Property Details: Gather complete property information, including address, lot number, and property type from Land Registry records
- Loan Terms: Document the principal amount, interest rate, repayment period, and payment schedule from your bank's offer letter
- Party Information: Collect full legal names, HKID numbers, and contact details of all borrowers and guarantors
- Security Provisions: List any additional collateral or guarantees required by the lender
- Default Terms: Clearly outline consequences of missed payments and remedies available to the lender
- Document Generation: Use our platform to create a customized, legally-compliant Mortgage Agreement that includes all required elements
What should be included in a Mortgage Agreement?
- Property Description: Detailed legal description of the mortgaged property, including lot number and address
- Loan Details: Principal amount, interest rate, payment schedule, and final maturity date
- Security Provisions: Clear statement of the property being offered as security for the loan
- Party Information: Full legal names and details of mortgagor, mortgagee, and any guarantors
- Default Provisions: Specific circumstances constituting default and lender's remedies
- Insurance Requirements: Mandatory property insurance terms and beneficiary details
- Governing Law: Explicit statement that Hong Kong law governs the agreement
- Registration Details: Information required for Land Registry registration
What's the difference between a Mortgage Agreement and an Asset Purchase Agreement?
A Mortgage Agreement differs significantly from an Asset Purchase Agreement in Hong Kong's legal framework, though both deal with property transactions. Let's explore their key differences:
- Primary Purpose: Mortgage Agreements create a security interest in property to secure a loan, while Asset Purchase Agreements facilitate the outright sale and transfer of property or business assets
- Duration: Mortgage Agreements remain active throughout the loan term (often 20-30 years), whereas Asset Purchase Agreements conclude once the sale completes
- Parties Involved: Mortgage Agreements typically involve a borrower and lender, while Asset Purchase Agreements involve a buyer and seller
- Legal Rights: Mortgage Agreements grant the lender specific rights over the property as security, while Asset Purchase Agreements transfer full ownership rights to the buyer
- Registration Requirements: Mortgage Agreements must be registered with the Land Registry, but Asset Purchase Agreements may not always require registration depending on the assets involved
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