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Mortgage Purchase Contract

Mortgage Purchase Contract Template for Netherlands

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Key Requirements PROMPT example:

Mortgage Purchase Contract

"I need a Mortgage Purchase Contract for the sale of a €5 million residential mortgage portfolio from ABC Bank to XYZ Investment Fund, with completion scheduled for March 2025, including special provisions for ongoing servicing arrangements."

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Document background
The Mortgage Purchase Contract is a specialized agreement used in the Netherlands for transferring mortgage rights between financial institutions or mortgage holders. This document is essential when banks, financial institutions, or mortgage holders wish to sell or transfer their mortgage rights to another party, whether as part of portfolio management, securitization, or strategic business decisions. It must comply with Dutch civil law, particularly Books 3, 5, and 7 of the Dutch Civil Code, as well as financial regulations including the Financial Supervision Act (Wft). The contract includes crucial elements such as mortgage details, property information, purchase price, transfer mechanisms, and various representations and warranties. It requires notarial execution for valid transfer and registration with the Dutch Land Registry (Kadaster).
Suggested Sections

1. Parties: Identification of the Seller (current mortgage holder) and Buyer of the mortgage, including full legal names, addresses, and registration details

2. Background: Context of the transaction, including details about the original mortgage, the underlying property, and the reason for the mortgage purchase

3. Definitions: Definitions of key terms used throughout the agreement, including financial, legal, and technical terms

4. Subject Matter of Sale: Detailed description of the mortgage rights being transferred, including reference to the original mortgage deed

5. Purchase Price: The agreed purchase price for the mortgage, payment terms, and any adjustments

6. Transfer of Rights: Legal provisions regarding the transfer of mortgage rights and associated security interests

7. Representations and Warranties: Seller's warranties regarding the mortgage, including its validity, enforceability, and absence of defaults

8. Completion: Requirements and procedures for completing the transfer, including notarial requirements

9. Notifications: Requirements for notifying the original mortgagor and other relevant parties

10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

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

13. Data Protection: Provisions regarding handling of personal data in compliance with GDPR/AVG

Optional Sections

1. Multiple Properties: Additional provisions when the mortgage covers multiple properties

2. Third Party Rights: Provisions dealing with any third party rights or claims on the mortgage

3. Special Payment Arrangements: Details of any special payment structures or installment arrangements

4. Portfolio Sale Provisions: Additional terms when the mortgage is part of a larger portfolio sale

5. Servicing Arrangements: Terms regarding ongoing servicing of the mortgage if relevant

6. Assignment and Delegation: Terms allowing for future transfer or delegation of rights/obligations

7. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

Suggested Schedules

1. Schedule 1 - Mortgage Details: Detailed information about the mortgage, including original terms, current balance, and payment history

2. Schedule 2 - Property Description: Detailed description of the mortgaged property, including cadastral details

3. Schedule 3 - Original Mortgage Deed: Copy or extract of the original mortgage deed

4. Schedule 4 - Payment Details: Specific payment instructions and bank account details

5. Schedule 5 - Required Notices: Forms of notices required to be given to various parties

6. Appendix A - Due Diligence Report: Summary of due diligence findings on the mortgage and property

7. Appendix B - Completion Checklist: List of documents and actions required for completion

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions
































Clauses































Relevant Industries

Banking

Financial Services

Real Estate

Mortgage Lending

Investment Management

Legal Services

Property Development

Insurance

Relevant Teams

Legal

Finance

Risk Management

Compliance

Real Estate

Treasury

Investment

Portfolio Management

Credit Risk

Operations

Relevant Roles

Legal Counsel

Mortgage Officer

Financial Director

Risk Manager

Compliance Officer

Portfolio Manager

Real Estate Manager

Treasury Manager

Investment Manager

Contract Manager

Notary

Credit Risk Officer

Transaction 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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