The Two-party Mortgage is a standard two-party form of mortgage between the Mortgagor (who is also the Borrower) and the Lender in relation to a mortgage of real property provided as security by the Mortgagor for the loan facility provided by the Lender:
(A) The Mortgagor and the Mortgagee have entered into the Facility Agreement.
(B) As security for the facility under the Facility Agreement, the Mortgagor has agreed to mortgage the Property to the Lender for the consideration and upon the terms set out below.
In deciding whether to adopt the Two-party Mortgage, the mortgage lender should consider whether the Two-party Mortgage is compatible with its operational procedures and the requirements of the loan transaction.
The Two-party Mortgage creates an assignment of or a legal charge over (so far as the property involved is a legal estate) completed residential property to secure repayments of any type of banking facilities and loans granted to the mortgagor and performance of the mortgagor’s obligations under the Two-party Mortgage. The Two-party Mortgage is not appropriate for use in connection with uncompleted properties, which require the use of a separate form of equitable mortgage deed. The Two-party Mortgage is in a two-party form which can be executed by an individual or corporate mortgagor.
Details of mortgagor and lender shall be included, details include parties' names, contact numbers, addresses, email addresses, etc.
The Two-party Mortgage consists of two parts: (a) the blank form Mortgage Deed and (b) the Mortgage Conditions.
The document should be signed by the parties to show authority.
This Deed should be carefully read by the undersigning individuals.
This Deed should be signed by the authorised signatory (the Mortgagor and the Lender) and witnessed in the presence of a solicitor or a notary public to complete the formality.
If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.
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Please get all the parties to review the document carefully and make any final modifications to ensure that the details are correct before signing the document. Each party should have a copy of the executed document. The document should be signed by the authorised signatory (or 2 directors for a company) and witnessed to complete the formality.
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