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Mortgage Extension Agreement Template for Hong Kong

This document is a formal legal agreement governed by Hong Kong law that extends the term of an existing mortgage arrangement between a lender and borrower. It modifies the original mortgage agreement by extending its duration while typically maintaining other key terms and conditions. The agreement must comply with Hong Kong's Conveyancing and Property Ordinance and requires registration with the Hong Kong Land Registry. It includes essential details such as the new maturity date, any modified terms, confirmation of existing security arrangements, and necessary representations and warranties from all parties.

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What is a Mortgage Extension Agreement?

A Mortgage Extension Agreement is used when parties to an existing mortgage arrangement wish to extend its term beyond the original maturity date. This document type is particularly relevant in Hong Kong's dynamic property market, where mortgage refinancing and extensions are common practices. The agreement must comply with Hong Kong's property and banking regulations, including the Conveyancing and Property Ordinance (Cap. 219) and Banking Ordinance (Cap. 155). It's typically employed when borrowers require additional time to repay their mortgage, when market conditions make refinancing attractive, or when property values have changed significantly. The document includes crucial details about the extension period, any modified terms, confirmations of existing security arrangements, and updated representations from all parties. It requires proper execution and registration with the Hong Kong Land Registry to be legally effective.

What sections should be included in a Mortgage Extension Agreement?

1. Parties: Identification of the Mortgagor (borrower) and Mortgagee (lender), including their full legal names, addresses, and company registration numbers if applicable

2. Background: Recitals detailing the original mortgage agreement, including its date, registration details, and the parties' desire to extend the term

3. Definitions: Definitions of key terms used in the agreement, including references to defined terms from the original mortgage

4. Extension of Term: Clear statement of the new maturity date and extension period

5. Consideration: Details of any consideration paid for the extension and acknowledgment of receipt

6. Continuation of Original Terms: Confirmation that all other terms and conditions of the original mortgage remain in full force and effect

7. Representations and Warranties: Updated representations and warranties from the Mortgagor regarding their ability to perform under the extended agreement

8. Conditions Precedent: Conditions that must be satisfied before the extension becomes effective

9. Registration: Provisions regarding the registration of the extension agreement with the Land Registry

10. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and jurisdiction

11. Execution: Signature blocks and execution formalities

What sections are optional to include in a Mortgage Extension Agreement?

1. Amendment to Interest Rate: Include if there are any changes to the interest rate structure for the extension period

2. Additional Security: Include if additional security is being provided as part of the extension arrangement

3. Insurance Requirements: Include if there are any changes to the insurance requirements during the extended term

4. Modified Payment Terms: Include if there are any changes to the payment schedule or amount

5. Fees and Costs: Include if there are specific provisions about who bears the costs of the extension

6. Consent of Guarantor: Include if there is a guarantor to the original mortgage who needs to consent to the extension

What schedules should be included in a Mortgage Extension Agreement?

1. Schedule 1 - Property Details: Details of the mortgaged property including lot number, address, and registration particulars

2. Schedule 2 - Original Mortgage: Copy or summary of the original mortgage agreement details including registration number

3. Schedule 3 - Payment Schedule: Updated amortization schedule for the extended term if payment terms are modified

4. Appendix A - Supporting Documents: List of all supporting documents provided for the extension

5. Appendix B - Consents: Copies of any required consents from third parties (if applicable)

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use

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