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Procedural Requirements for Mortgage Documentation and the Prepared Forms for That Purpose.

No: 391000070455 Date(g): 6/3/2018 | Date(h): 19/6/1439 Status: In-Force

Translated Document

First: The presence of the mortgagor or their representative with a power of attorney authorizing the required action.

Second: The presence of a representative from the financer (bank or financing company) with a power of attorney authorizing the required action.

Third: The mortgagee must be a licensed bank or financing company, and the financer must hold a valid license from SAMA for real estate financing.

Fourth: The mortgaged property must be owned by the mortgagor. However, it is permissible for the mortgaged property to belong to a guarantor who offers their property as collateral for the benefit of the debtor, even without the debtor's consent.

Fifth: The mortgaged property must be specifically identified, existing or expected to exist, and capable of being sold.

Sixth: The financer must provide proof that the contract executed between them and the mortgagor complies with Islamic Sharia principles, through a letter from the Sharia board granting approval of the product, rather than approving each individual contract separately.

Seventh: The completion of the transfer of ownership and the mortgage must be done in a single process, in accordance with Ministry of Justice Circular No. 13/T/6973 dated 19/1/1439 H, for the purposes of correcting a previous mortgage.

Eighth: The process must be carried out in accordance with the forms prepared by SAMA and the Ministry of Justice.