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Mortgage Loan Modification Agreement
"I need a Mortgage Loan Modification Agreement for a residential property in Manila, where we're extending the loan term by 5 years and reducing the interest rate from 8% to 6%, effective March 1, 2025, with the borrower being a small business owner facing temporary financial hardship."
1. Parties: Identifies the Lender and Borrower with their complete legal names, addresses, and tax identification numbers as required under Philippine law
2. Background: References the original mortgage agreement, states the reason for modification, and confirms the parties' desire to modify the original agreement
3. Definitions: Defines key terms used in the agreement, including references to the original mortgage terms and any new terms introduced by the modification
4. Loan Modification Terms: Details the specific changes to the original mortgage terms, including new principal amount, interest rate, payment terms, and maturity date
5. Effective Date: Specifies when the modification takes effect and any conditions precedent
6. Confirmation of Security: Confirms that the original mortgage security remains in effect and extends to the modified terms
7. Representations and Warranties: Statements by the borrower confirming their ability to pay, ownership of the property, and other material facts
8. Payment Terms: Detailed breakdown of the new payment structure, including amounts, due dates, and payment methods
9. Default Provisions: Specifies what constitutes default under the modified terms and the consequences of default
10. Governing Law: Confirms Philippine law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and notarization requirements as per Philippine law
1. Insurance Requirements: Additional insurance requirements if the modified terms require changes to insurance coverage
2. Property Maintenance: Special conditions regarding property maintenance if the modification is related to property condition issues
3. Additional Security: Details of any additional security required as part of the modification
4. Co-Borrower Provisions: Additional terms if there are co-borrowers involved in the modification
5. Fees and Charges: Breakdown of any fees associated with the modification if applicable
6. Special Payment Arrangements: Terms for any special payment arrangements like step-up payments or grace periods
7. Force Majeure: Special provisions for extraordinary circumstances, particularly relevant in light of recent global events
1. Schedule A - Modified Payment Schedule: Detailed amortization schedule showing new payment amounts and dates
2. Schedule B - Property Description: Legal description of the mortgaged property as registered with the Registry of Deeds
3. Schedule C - Original Loan Documents: List of all original loan documents being modified
4. Appendix 1 - Calculation of Modified Terms: Detailed calculations showing how the modified loan terms were derived
5. Appendix 2 - Required Notices: Copies of any required notices or disclosures under Philippine banking regulations
6. Appendix 3 - Supporting Documents: List of supporting documents provided by the borrower to justify the modification
Authors
Banking
Real Estate
Financial Services
Mortgage Lending
Property Development
Legal Services
Insurance
Construction
Housing Finance
Property Management
Legal
Credit Risk
Mortgage Operations
Compliance
Real Estate Finance
Document Processing
Collections
Customer Relations
Property Valuation
Loan Administration
Mortgage Officer
Loan Officer
Credit Risk Manager
Bank Manager
Real Estate Attorney
Compliance Officer
Property Assessor
Banking Operations Manager
Legal Counsel
Financial Advisor
Credit Analyst
Relationship Manager
Documentation Specialist
Collections Manager
Risk Assessment Officer
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