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The Deed of Sale with Mortgage is a crucial legal instrument used in Philippine real estate transactions where property purchase is financed through a mortgage arrangement. This document is commonly used when buyers require financing to complete a property purchase, combining both the sale and mortgage aspects into a single, comprehensive agreement. It must comply with various Philippine laws including the New Civil Code, Property Registration Decree, and Truth in Lending Act. The document includes detailed property descriptions, sale terms, mortgage conditions, payment schedules, and security provisions. It requires proper execution before a notary public and subsequent registration with the Register of Deeds to be legally effective. This type of deed is particularly important in protecting the rights of all parties by clearly defining their obligations and remedies under both the sale and mortgage aspects of the transaction.

1. Parties: Identification of the Seller, Buyer/Mortgagor, and Mortgagee (if different from Seller)

2. Background: Context of the transaction, including brief description of the property and purpose of the deed

3. Definitions: Key terms used throughout the document

4. Property Description: Detailed description of the property being sold and mortgaged, including boundaries, title details, and improvements

5. Sale Provisions: Terms of the sale, including purchase price and payment terms

6. Mortgage Details: Terms of the mortgage, including principal amount, interest rate, and payment schedule

7. Representations and Warranties: Declarations by the parties regarding their capacity, property ownership, and authority to enter into the agreement

8. Rights and Obligations: Specific duties and rights of each party under both sale and mortgage aspects

9. Security Provisions: Details of the mortgage security, including registration requirements and enforcement rights

10. Default and Remedies: Consequences of default and available remedies for each party

11. Insurance and Maintenance: Requirements for property insurance and maintenance during the mortgage period

12. Transfer of Rights: Conditions for selling, transferring, or assigning rights under the agreement

13. Execution: Formal execution requirements including notarization provisions