The Private Mortgage Contract serves as an alternative to traditional institutional lending, allowing individuals or private entities to provide property financing. This document is essential when structuring private real estate financing arrangements in the United States, detailing loan terms, security interests, and compliance with federal and state regulations. The contract typically includes property details, payment schedules, default provisions, and remedies, while ensuring adherence to usury laws and consumer protection requirements.
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1. Parties: Identifies the lender and borrower with full legal names and addresses
2. Background: Explains the context of the loan and property acquisition
3. Definitions: Defines key terms used throughout the agreement including relevant legislative references
4. Loan Terms: Specifies principal amount, interest rate, term length, and payment schedule
5. Security Interest: Details the property serving as collateral and mortgage terms
6. Payment Terms: Outlines payment obligations, including due dates, methods, and late payment provisions
7. Default Provisions: Defines events of default and remedies available to the lender
8. Representations and Warranties: Statements of fact and promises made by both parties
9. Covenants: Ongoing obligations of the borrower throughout the loan term
10. Governing Law: Specifies applicable state law and jurisdiction
1. Prepayment Provisions: Terms and conditions for early loan payoff, including any prepayment penalties
2. Insurance Requirements: Detailed requirements for property insurance, title insurance, and other required coverage
3. Property Maintenance: Specific requirements for maintaining the mortgaged property
4. Assignment and Transfer: Terms governing the transfer or assignment of the mortgage by either party
5. Escrow Requirements: Terms for establishing and maintaining escrow accounts for taxes and insurance
1. Schedule A - Property Description: Legal description of the mortgaged property including address and boundary details
2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment breakdown over the loan term
3. Schedule C - Required Insurance: Detailed specifications for required insurance coverage
4. Schedule D - Initial Property Inspection: Baseline condition assessment of the property
5. Schedule E - Fee Schedule: Comprehensive list of all applicable fees and charges
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