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Owner Financing Mortgage Contract
"I need an Owner Financing Mortgage Contract for a residential property in Manila, with a 20% down payment and the remaining balance to be paid over 15 years starting March 2025, including standard buyer protections under the Maceda Law."
1. Parties: Identification of the Property Owner/Seller (Mortgagee) and Buyer (Mortgagor) with complete details including marital status as required under Philippine law
2. Background: Context of the transaction, including brief property description and parties' intention to enter into an owner financing arrangement
3. Definitions: Key terms used throughout the agreement including Property, Purchase Price, Interest Rate, Payment Terms, etc.
4. Property Description: Detailed legal description of the property as registered with the Register of Deeds, including lot number, survey number, and technical description
5. Purchase Price and Payment Terms: Total purchase price, down payment amount, balance to be financed, interest rate, and payment schedule
6. Security Provisions: Creation of the mortgage, its registration requirements, and the rights it confers to the mortgagee
7. Buyer's Obligations: Responsibilities including property maintenance, insurance, tax payments, and compliance with local regulations
8. Seller's Representations and Warranties: Guarantees regarding property ownership, absence of liens, and authority to sell
9. Default and Remedies: Events of default, cure periods (as per Maceda Law), and available remedies
10. Transfer of Title: Conditions and process for the eventual transfer of property title upon full payment
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of competent courts
12. Execution: Signature blocks with requirements for notarization under Philippine law
1. Property Insurance: Detailed insurance requirements if the property requires specific coverage beyond standard provisions
2. Property Management: Additional terms regarding property management if the property is a commercial or income-generating property
3. Co-Buyer Provisions: Additional terms when there are co-buyers or guarantors involved in the purchase
4. Early Payment Provisions: Specific terms for early payment or refinancing options if agreed upon
5. Homeowners Association: Requirements and obligations if the property is part of a subdivision or condominium
6. Construction or Renovation: Terms regarding any agreed construction or renovation works to be completed
7. Business Use: Additional terms if the property will be used for business purposes
1. Schedule A - Property Details: Complete technical description of the property, including boundaries and certificates of title
2. Schedule B - Payment Schedule: Detailed amortization table showing all payments, interest, and principal allocations
3. Schedule C - Property Documents: List of all property-related documents transferred or to be transferred
4. Schedule D - Permitted Encumbrances: List of any existing encumbrances or restrictions on the property that will continue
5. Appendix 1 - Property Photos: Current photographs of the property documenting its condition at sale
6. Appendix 2 - Required Insurance: Detailed insurance requirements and specifications
7. Appendix 3 - Property Tax Certificates: Copies of latest tax declarations and tax clearances
Authors
Real Estate
Banking & Finance
Property Development
Residential Property
Commercial Property
Legal Services
Construction
Property Management
Legal
Real Estate
Finance
Compliance
Risk Management
Property Management
Sales
Documentation
Operations
Real Estate Lawyer
Property Manager
Real Estate Broker
Financial Advisor
Mortgage Specialist
Legal Counsel
Property Developer
Contract Administrator
Risk Manager
Compliance Officer
Real Estate Agent
Title Officer
Property Assessor
Document Controller
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