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Mortgage Indemnity Agreement Template for Singapore

A legally binding agreement under Singapore law where one party (the indemnifier) agrees to protect a lender against losses arising from a mortgage default. The agreement complies with Singapore's Conveyancing and Law of Property Act and relevant MAS regulations, incorporating specific requirements for loan-to-value ratios and debt servicing frameworks. It establishes the scope of protection, payment obligations, and conditions for claims.

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What is a Mortgage Indemnity Agreement?

The Mortgage Indemnity Agreement serves as a critical risk management tool in Singapore's property financing landscape. It is typically used when a third party needs to provide additional security for a mortgage loan, often in cases where the loan-to-value ratio exceeds standard thresholds or where the borrower's profile requires additional support. The agreement details the indemnifier's obligations, claim procedures, and payment terms, all while adhering to Singapore's stringent banking regulations and property laws. This document is particularly relevant in the context of Singapore's property market regulations and the Monetary Authority of Singapore's prudential requirements.

What sections should be included in a Mortgage Indemnity Agreement?

1. Parties: Identifies and defines the indemnifier, lender, and borrower

2. Background: Explains the context of the mortgage and need for indemnity

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Indemnity: Details the extent and limitations of the indemnity coverage

5. Payment Terms: Specifies payment obligations and conditions

6. Representations and Warranties: States parties' confirmations and guarantees

7. Termination: Conditions for ending the agreement

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

1. Insurance Requirements: Additional insurance obligations - use when specific insurance coverage is required

2. Security Provisions: Additional security arrangements - use when additional collateral is involved

3. Cross-Default: Links to other agreements - use when multiple loan facilities exist

What schedules should be included in a Mortgage Indemnity Agreement?

1. Property Details Schedule: Detailed description of mortgaged property

2. Mortgage Terms Schedule: Copy or summary of the underlying mortgage agreement

3. Payment Schedule: Detailed payment terms and dates

4. Required Insurances Schedule: List of required insurance policies and coverage

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

Singapore

Publisher

Ƶ

Document Type

Mortgage Agreement

Cost

Free to use

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