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Seller Financed Mortgage Contract Template for Philippines

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Key Requirements PROMPT example:

Seller Financed Mortgage Contract

"I need a Seller Financed Mortgage Contract for a residential property in Manila, Philippines, with a 30% down payment and the remaining balance to be paid over 10 years, including provisions for early payment without penalties."

Document background
The Seller Financed Mortgage Contract is a specialized legal instrument used in Philippine real estate transactions where traditional bank financing is either unavailable or undesirable. This document type has gained prominence as an alternative financing method, particularly in residential and small commercial property transactions. The contract must comply with Philippine law, including the Civil Code, Maceda Law, and various real estate regulations. It typically includes comprehensive terms covering property description, payment schedules, interest calculations, security arrangements, and default remedies. The document is particularly useful in situations where buyers may not qualify for traditional bank mortgages, or where sellers prefer to earn interest income while providing buyers with more flexible terms than institutional lenders. It requires careful consideration of both parties' rights and obligations under Philippine law, including specific provisions for property registration, tax implications, and consumer protection requirements.
Suggested Sections

1. Parties: Identification of the Seller/Mortgagee and Buyer/Mortgagor, including complete legal names, addresses, and tax identification numbers

2. Background: Brief context of the transaction, including property overview and parties' intention to enter into a seller-financed arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Mortgage, Payment Terms, etc.

4. Property Description: Detailed legal description of the property being sold and mortgaged, including certificate of title number and property boundaries

5. Purchase Price and Payment Terms: Total purchase price, down payment, loan amount, interest rate, payment schedule, and amortization details

6. Security and Mortgage Provisions: Terms of the mortgage, including the creation and registration of the mortgage lien

7. Representations and Warranties: Statements of fact and guarantees by both parties regarding their capacity, property condition, and title

8. Covenants: Ongoing obligations of both parties, including property maintenance, insurance, and tax payments

9. Default and Remedies: Events of default, cure periods, and remedies including foreclosure rights and Maceda Law provisions

10. Insurance and Taxes: Requirements for property insurance and responsibility for various taxes and fees

11. Transfer and Assignment: Conditions and restrictions on selling or transferring the property or the contract rights

12. Notices: Process and addresses for formal communications between parties

13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of competent courts

14. Execution: Signature blocks and notarization requirements

Optional Sections

1. Early Payment Provisions: Terms for early payment or full settlement of the loan, used when parties want to specify prepayment conditions

2. Property Management: Additional terms regarding property maintenance and improvements, used for commercial properties or when specific maintenance requirements exist

3. Escrow Provisions: Terms for handling escrow accounts for taxes and insurance, used when parties agree to establish an escrow arrangement

4. Co-Buyer Provisions: Additional terms when there are multiple buyers, used when the property is purchased jointly

5. Construction or Renovation Terms: Used when the property requires specific improvements or renovations as part of the agreement

6. Special Use Conditions: Restrictions or requirements for property use, included for properties in special zones or with specific limitations

Suggested Schedules

1. Schedule A - Property Details: Comprehensive property description, including lot plan, technical description, and certificates

2. Schedule B - Payment Schedule: Detailed amortization table showing all payments, principal, and interest over the loan term

3. Schedule C - Property Inspection Report: Current condition of the property and any identified issues or necessary repairs

4. Schedule D - Title Documents: Copies of relevant title documents and certificates

5. Schedule E - Insurance Requirements: Detailed specifications for required insurance coverage

6. Appendix 1 - Deed of Absolute Sale: Template or copy of the deed of sale to be executed upon full payment

7. Appendix 2 - Real Estate Tax Certificates: Current tax declarations and certificates

8. Appendix 3 - Property Photos and Plans: Current photographs and architectural/lot plans of the property

Authors

Alex Denne

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

Relevant legal definitions












































Clauses



































Relevant Industries

Real Estate

Financial Services

Banking

Legal Services

Property Development

Construction

Housing

Insurance

Property Management

Urban Development

Relevant Teams

Legal

Real Estate

Property Management

Finance

Compliance

Risk Management

Sales

Customer Relations

Documentation

Operations

Relevant Roles

Real Estate Attorney

Property Lawyer

Real Estate Broker

Property Developer

Mortgage Specialist

Real Estate Manager

Financial Advisor

Property Assessor

Legal Counsel

Compliance Officer

Real Estate Agent

Property Investment Manager

Contract Administrator

Title Insurance Officer

Risk Management Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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