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Hold Harmless Agreement Mortgage Template for Canada

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Key Requirements PROMPT example:

Hold Harmless Agreement Mortgage

"I need a Hold Harmless Agreement Mortgage for a residential property in Ontario, where I'm co-signing a mortgage with my sister and want protection from any future liability if she defaults on the payments."

Document background
The Hold Harmless Agreement Mortgage is a crucial document in Canadian real estate and mortgage transactions where one party needs protection from potential legal claims or liabilities arising from the mortgaged property or related transactions. This document is particularly relevant when there are multiple stakeholders involved in a mortgage arrangement, such as co-signers, guarantors, or property management companies. It's commonly used in situations involving property transfers, mortgage refinancing, or when special arrangements between mortgage parties need to be documented. The agreement must comply with both federal Canadian banking regulations and provincial property laws, making it essential to adapt the document to the specific province where the property is located. It typically includes detailed provisions about the scope of indemnification, specific protected events, and the obligations of each party under Canadian law.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the indemnitor (party providing the hold harmless guarantee) and indemnitee (protected party), and their legal capacities

2. Background: Context of the agreement, including reference to the underlying mortgage agreement, property details, and reason for the hold harmless arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Mortgage,' 'Property,' 'Losses,' 'Claims,' and other relevant terms

4. Scope of Agreement: Clear delineation of what activities, transactions, or circumstances are covered by the hold harmless provision

5. Indemnification Provisions: Detailed description of the hold harmless obligations, including what types of claims, damages, or losses are covered

6. Duration: Term of the hold harmless agreement and whether it survives the underlying mortgage

7. Representations and Warranties: Statements of fact and guarantees made by the parties regarding their capacity and authority

8. Notice Requirements: Procedures for notifying parties of claims or potential claims covered by the agreement

9. Governing Law: Specification of applicable Canadian law and jurisdiction

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage is needed to support the indemnification obligations

2. Assignment: Include when transfer rights need to be addressed, particularly in commercial contexts

3. Dispute Resolution: Optional section specifying mediation or arbitration procedures for resolving disagreements

4. Severability: Include when there's concern about the enforceability of specific provisions

5. Third Party Rights: Include when the agreement needs to address rights of mortgage lenders or other third parties

6. Survival: Include when certain provisions need to explicitly survive termination of the agreement

Suggested Schedules

1. Schedule A - Property Description: Legal description of the mortgaged property

2. Schedule B - Mortgage Details: Key terms and conditions of the underlying mortgage agreement

3. Schedule C - Specific Indemnified Events: Detailed list of specific situations or events covered by the hold harmless provision

4. Appendix 1 - Insurance Certificates: Copies of required insurance policies or certificates

5. Appendix 2 - Related Agreements: Copies of related agreements referenced in the main document

Authors

Alex Denne

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

Relevant legal definitions







































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Relevant Industries

Real Estate

Banking & Financial Services

Property Development

Investment & Securities

Insurance

Property Management

Construction

Legal Services

Mortgage Lending

Real Estate Investment

Relevant Teams

Legal

Risk Management

Real Estate

Mortgage Operations

Compliance

Property Management

Investment

Credit Analysis

Document Processing

Client Relations

Relevant Roles

Mortgage Broker

Real Estate Lawyer

Property Manager

Financial Advisor

Risk Manager

Loan Officer

Real Estate Agent

Mortgage Underwriter

Legal Counsel

Property Developer

Investment Manager

Compliance Officer

Real Estate Investment Analyst

Credit Risk Officer

Portfolio Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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