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Mortgage Loan Note for Hong Kong

Mortgage Loan Note Template for Hong Kong

A Hong Kong Mortgage Loan Note is a legally binding document that evidences a loan secured by real property in Hong Kong SAR. It combines the features of a promissory note with security provisions, documenting the borrower's obligation to repay the loan and the lender's security interest in the mortgaged property. The document must comply with Hong Kong's Banking Ordinance, Money Lenders Ordinance, and other relevant regulations, including HKMA guidelines. It contains detailed terms regarding the loan amount, interest rates, repayment schedule, security arrangements, and enforcement rights.

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What is a Mortgage Loan Note?

The Mortgage Loan Note is a fundamental document in Hong Kong's property financing landscape, used when providing loans secured against real estate. This document serves multiple purposes: it evidences the debt, documents the security arrangement, and sets out the parties' rights and obligations. Typically used by banks and financial institutions in Hong Kong SAR when extending mortgage loans, it must comply with local regulations including the Banking Ordinance and HKMA guidelines. The document includes essential information such as loan amount, interest rates, repayment terms, security provisions, and enforcement mechanisms. A properly structured Mortgage Loan Note is crucial for both the lender's security interests and the borrower's understanding of their obligations under Hong Kong law.

What sections should be included in a Mortgage Loan Note?

1. Parties: Identification of the lender, borrower, and any guarantors

2. Background: Context of the loan, including property details and purpose of the facility

3. Definitions: Key terms used throughout the document, including financial and property-related definitions

4. Facility Amount and Purpose: Specification of the loan amount and permitted use of funds

5. Interest and Fees: Interest rate provisions, calculation method, and applicable fees

6. Repayment Terms: Payment schedule, installment amounts, and prepayment provisions

7. Security Provisions: Details of the mortgage security and additional collateral if any

8. Representations and Warranties: Borrower's confirmations regarding their status, property ownership, and ability to enter into the agreement

9. Covenants: Ongoing obligations of the borrower regarding property maintenance, insurance, and loan compliance

10. Events of Default: Circumstances constituting default and consequences thereof

11. Enforcement Rights: Lender's rights and remedies upon default, including power of sale

12. Governing Law and Jurisdiction: Confirmation of Hong Kong law governance and jurisdiction

What sections are optional to include in a Mortgage Loan Note?

1. Guarantees: Required when there are third-party guarantors securing the loan obligations

2. Insurance Requirements: Detailed section needed when specific insurance requirements exceed standard property insurance

3. Special Conditions: Used when there are property-specific conditions or unique loan terms

4. Additional Security: Required when other assets beyond the primary property are being charged

5. Foreign Currency Provisions: Needed when the loan is denominated in a currency other than HKD

6. Co-ownership Provisions: Required when the mortgaged property has multiple owners

What schedules should be included in a Mortgage Loan Note?

1. Property Schedule: Detailed description of the mortgaged property including title particulars

2. Payment Schedule: Amortization table showing payment dates, amounts, and interest calculations

3. Fee Schedule: Breakdown of all applicable fees and charges

4. Standard Terms and Conditions: General terms applying to all mortgage loans of this type

5. Required Insurance Schedule: Details of mandatory insurance coverage for the property

6. Form of Notice: Template notices for various communications under the agreement

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

Hong Kong

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions









































Clauses





























Relevant Industries

Banking

Financial Services

Real Estate

Property Development

Mortgage Lending

Legal Services

Insurance

Property Management

Construction

Relevant Teams

Legal

Credit

Mortgage Operations

Risk Management

Compliance

Real Estate Finance

Document Management

Property Services

Loan Administration

Client Relations

Relevant Roles

Legal Counsel

Mortgage Officer

Credit Manager

Loan Officer

Property Lawyer

Compliance Officer

Risk Manager

Banking Executive

Real Estate Manager

Financial Controller

Document Controller

Legal Administrator

Property Valuer

Relationship Manager

Credit Analyst

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