It is best to obtain a real estate forbearance agreement when deferring mortgage payments. Forbearance agreements prohibit lenders from commencing with foreclosure action unless borrowers' default on the contract. This is of particular importance when obtaining mortgage deferment to prevent foreclosure.
Loan agreements, like any contract, reflect an "offer," the "acceptance of the offer," "consideration," and can only involve situations that are "legal" (a term loan agreement involving heroin drug sales is not "legal"). Loan agreements are documented via their commitment letters, agreements that reflect the understandings reached between the involved parties, a promissory note, and a collateral agreement (such as a mortgage or a personal guarantee). Loan agreements offered by regulated banks are different from those that are offered by finance companies in that banks receive a "banking charter" granted as a privilege and involving the "public trust."
The agreement should clearly contain the pre-closure charges that are applied when the individual would like to close the loan before the time mentioned in the document. The other attribute that would calculate your EMI and the overall interest rate that is to be paid by you is the loan tenure.
If you have high repaying capacity, then it is advisable that you opt for less number of years for repaying the loan as it will reduce the overall burden of the interest. Though you are ready for repaying the loan as quickly as possible, but if you miss to mention this in the loan agreement, it would be tough to alter once the application is processed by the organization that is lending you the money.
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