Template - Deed of Real Estate Mortgage
Template - Deed of Real Estate Mortgage
Template - Deed of Real Estate Mortgage
This Deed of Real Estate Mortgage [“DREM”] made and entered into this
____________________ in ____________________, Philippines, by and between:
and
WITNESSETH: THAT –
WHEREAS, the Borrower-Mortgagor has agreed to secure the payment of the Loan to the
Lender-Mortgagee by means of a good and valid Real Estate Mortgage upon the property and the
improvements thereon [collectively, the “Property”] described hereinbelow;
NOW, THEREFOR, for and in consideration of the foregoing premises and as security for the
payment of the Loan, the Borrower-Mortgagor has transferred and conveyed, and by these
presents does hereby transfer and convey, by way of Real Estate Mortgage, unto and in favor of
the Lender-Mortgagee, its assigns and successors-in-interest, the Property with the improvements
thereon situated at Barangay ____, ______, covered by Transfer Certificate of Title [TCT] No.
_______________ and declared for real property tax purposes under Tas Declaration [TD] No.
___________, copies of which are hereto attached as Annexes “B” and “C”, respectively, and
more particularly described as follows:
TRANSFER CERTIFICATE OF TITLE [TCT] NO. _____________
Registry of Deeds for _____ City
“_________________________________________________”
The Real Estate Mortgage constituted herein shall include not only the parcel of land described
hereinabove but also the improvement thereon. [collectively hereinafter referred to as the
“Property”].
It is agreed and understood between the Parties that if at any time the Borrower-Mortgagor fails
or refuses to pay the Loan herein secured, or commits any violation or breach of the terms and
conditions of the Loan Agreement [Annex “A”], or shall, during the time this Real Estate
Mortgage is in force, institute insolvency, suspension of payments or similar proceedings, or be
involuntary declared insolvent, or should a writ of garnishment and/or attachment be issued
against any of the assets or income of the Borrower-Mortgagor, of if this DREM cannot be
recorded in the Registry of Deeds and/or annotated as an encumbrance/lien on TCT No.
_______________ [Annex “B”], then all the obligations of the Borrower-Mortgagor secured by
this Real Estate Mortgage shall immediately become due and payable and defaulted; and the
Lender-Mortgagee has an option to purchase the Property for a period of Thirty (30) days after
the non-payment of the Loan and/or may immediately foreclose this Real Estate Mortgage
judicially, or extra-judicially pursuant to Act No. 3135, as amended. The Lender-Mortgagee is
hereby appointed attorney-in-fact of the Borrower-Mortgagor, with full power and authority to
take actual possession of the Property at once, and to forthwith foreclose this mortgage
judicially, or extra-judicially in accordance with Act No. 3135, as amended, and to take such
other action[s] as the Lender-Mortgagee may deem necessary to recover the amount due. In the
event of such judicial foreclosure or extra-judicial foreclosure or other legal action, the Lender-
Mortgagee shall be entitled to compensation for expenses, attorney’s fees and costs of collection,
which is stipulated to be twenty-five percent [25%] of the indebtedness then unpaid but not less
than PhP __,000.00
The condition of this DREM is such that if the Borrower-Mortgagor shall well and truly pay or
cause to be paid to the Lender-Mortgagee the Loan in accordance with the terms and conditions
of the Loan Agreement [Annex “A”], then this Real Estate Mortgage shall thereby be fully
discharged and without further force and effect; otherwise it shall remain in full force and effect
and shall be enforceable in the manner provided by law and/or as herein stipulated.
____________________ ____________________
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the above-stated locality, this ____________________,
personally came and appeared:
all know to me to be the same persons who executed the above and foregoing instrument,
acknowledging to me that the same is their free and voluntary act and deed and that of the
corporation herein represented.
This instrument is a DEED OF REAL ESTATE MORTGAGE of one [1] parcel of land and the
improvements thereon as hereinabove described, consisting of three [3] pages including this one,
and is signed by the Parties and their instrumental witnesses on each and every page thereof.