Mortgage & Security Documents
When property secures a loan, the security documents decide what happens if things go wrong. Whether you are giving property as security or lending against it, we draft and review mortgages and security documents so the security is valid, registered and enforceable.
What this covers
A mortgage is the charging of property as security for a loan. We handle the security side of borrowing and lending: the mortgage deed, the terms of the charge, registration where required, and the documents that let a lender enforce, or a borrower redeem, cleanly.
For borrowers
We review what a lender asks you to sign so you understand the charge you are giving, the events of default, and how the property can be sold if you cannot pay. We make sure the security matches the loan and that you are not signing away more than the deal requires.
For lenders
We draft and register security that will actually stand up: a valid, correctly registered mortgage, clear default terms, and the documents needed to enforce through the Artha Rin Adalat Ain 2003 if the borrower defaults. A defective charge is worthless exactly when you need it.
Registration and redemption
Certain mortgages must be registered to be effective, and the register is where a buyer or another lender checks for existing charges. We handle registration, and, when a loan is repaid, the release so the charge is cleared from the record and the owner’s title is clean again.
What we need
- The property’s title and current khatian/porcha
- The loan terms and the parties’ details
- Any existing charges on the property
- Land development tax receipts and mouza details
How long it takes
A mortgage or security document can usually be drafted and registered within days once the loan terms and title are settled. Releasing a charge on repayment is quicker.
Check title and existing charges
We confirm the property’s ownership and whether anything is already charged against it.
Draft or review the security
We prepare, or review, the mortgage deed and default terms for your side of the deal.
Register the charge
We register the mortgage where required so it is effective and visible on the record.
Enforce or release
We support enforcement on default, or release the charge cleanly on repayment.
Read the free guides first
Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.
Common questions
Does a mortgage have to be registered?
Many do, to be effective and to appear on the record where others check for charges. We advise on the type of mortgage and handle registration where it is required.
The loan is repaid but the charge is still showing. Is that a problem?
Yes. Until the charge is released on the record, your title still looks encumbered, which blocks a clean sale or new loan. We handle the release so the record is clear.
How does a lender enforce if the borrower defaults?
A properly created and registered mortgage can be enforced, including through the Artha Rin Adalat Ain 2003. The key is that the security was valid and registered in the first place, which is what we make sure of.
Is a private land mortgage on stamp paper valid?
A mortgage of land securing Tk 100 or more must be registered to be valid (Transfer of Property Act 1882, s.59). An unregistered bondhok on stamp paper gives weak protection to both sides.
What is a khai-khalasi mortgage?
A usufructuary mortgage where the lender uses the land in place of interest. For agricultural land the term cannot exceed seven years, after which the land returns to the owner (State Acquisition and Tenancy Act 1950, s.95).
Get your security documents right
Valid, registered and enforceable, on either side of the loan. A written assessment costs nothing.
