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What is Mortgage Agreement?

A mortgage agreement is a legal document that outlines the terms and conditions of a loan used to purchase a property. The mortgage agreement is a contract between the borrower (the person who is taking out the loan) and the lender (the entity providing the loan, such as a bank or mortgage company).

What Conditions Should Be Included in a Mortgage Agreement?

A mortgage agreement should include several important conditions to ensure that the rights and obligations of both the borrower and the lender are clearly defined. Some of the key conditions that may be included in a mortgage agreement are:

  1. Loan amount: The agreement should specify the total amount of money being borrowed by the borrower.
  2. Interest rate: The agreement should specify the interest rate that the borrower will pay on the loan.
  3. Repayment schedule: The agreement should specify the repayment schedule for the loan, including the term of the loan and the frequency of payments.
  4. Security: The agreement should specify the property being purchased serves as collateral for the loan, which means that if the borrower fails to make payments, the lender has the right to seize the property.
  5. Insurance and taxes: The agreement may require the borrower to purchase homeowner's insurance and pay property taxes on the property.
  6. Prepayment penalties: The agreement may include penalties if the borrower pays off the loan early.
  7. Default and foreclosure: The agreement should specify the terms and conditions under which the lender can foreclose on the property if the borrower fails to make payments on the loan.
  8. Escrow account: The agreement may require the borrower to maintain an escrow account, which a separate account is used to pay for taxes and insurance.
  9. Fees and charges: The agreement should specify any fees and charges associated with the loan, such as origination fees, closing costs, and late payment fees.
  10. Right to transfer: The agreement may include a clause allowing the lender to transfer the mortgage to another entity.
  11. Right to cure: The agreement may provide the borrower with a certain period of time to cure any default before the lender can initiate foreclosure proceedings.
  12. Right of redemption: The agreement may include a provision allowing the borrower to redeem the property after foreclosure.

 

Disclaimer 

Stamp duty from different states is subject to change as per the state policies from year to year. Please check the official publications before making decision. Agreement are very technical and legal documents. You can make changes to Draft as per your requirement.

Download Free Mortgage Agreement Template

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