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Mortgage Variation Agreement
"I need a Mortgage Variation Agreement to modify an existing mortgage by reducing the interest rate from 5.8% to 4.2% and extending the amortization period by 5 years, with the changes to take effect from March 1, 2025."
1. Parties: Identification of the Lender and Borrower(s) with their full legal names and addresses
2. Background: Details of the original mortgage including date, registration number, property description, and reason for variation
3. Definitions: Definitions of key terms used in the agreement, including 'Original Mortgage', 'Property', and 'Variation Date'
4. Interpretation: Rules for interpreting the agreement, including relationship to original mortgage
5. Variation Details: Specific changes being made to the original mortgage terms (e.g., interest rate, payment amount, amortization period)
6. Effective Date: When the variations take effect and any conditions precedent
7. Confirmation of Other Terms: Statement that all other terms of the original mortgage remain unchanged
8. Costs and Expenses: Responsibility for legal and administrative costs of the variation
9. Representations and Warranties: Borrower's confirmation of continuing accuracy of original representations
10. Execution: Signature blocks and execution requirements
1. Security Confirmation: Confirmation of existing security arrangements - include when there are multiple security documents
2. Guarantor Consent: Required when the original mortgage has guarantors who must consent to the variation
3. Insurance Requirements: Include when variations affect insurance requirements or property value
4. Priority Arrangements: Required when there are other registered charges requiring priority consideration
5. Additional Property: Include when variation involves adding additional property as security
6. Spouse's Consent: Required in provinces where matrimonial property laws require spouse's consent to modifications
1. Schedule A - Property Description: Legal description of the mortgaged property
2. Schedule B - Original Mortgage: Copy or summary of the original mortgage agreement being varied
3. Schedule C - Payment Schedule: Revised payment schedule showing new payment amounts and dates
4. Schedule D - Variation Terms: Detailed description of all variations being made to the original mortgage
5. Appendix 1 - Consent Forms: Required consent forms from guarantors, spouses, or other parties
6. Appendix 2 - Supporting Documents: Additional documents supporting the variation (e.g., property appraisal, insurance certificates)
Authors
Banking & Financial Services
Real Estate
Legal Services
Mortgage Lending
Property Development
Consumer Finance
Insurance
Financial Technology
Legal
Mortgage Operations
Credit Risk
Compliance
Real Estate Finance
Document Processing
Customer Service
Underwriting
Property Services
Banking Operations
Mortgage Specialist
Loan Officer
Real Estate Lawyer
Banking Compliance Officer
Mortgage Underwriter
Credit Risk Manager
Legal Counsel
Property Manager
Financial Advisor
Mortgage Broker
Banking Operations Manager
Real Estate Agent
Document Specialist
Title Officer
Legal Administrative Assistant
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