Legal Basis
How is a mortgage agreement structured?
A mortgage agreement in Switzerland governs the loan that is secured by a real-estate lien on a property. Core elements are the parties, the loan amount, the purpose of the financing and the securities. Security is usually provided by a Schuldbrief (mortgage deed) that is pledged or assigned in favor of the bank; disbursement normally only takes place after the corresponding entry in the land register. The agreement additionally contains conditions for disbursement, such as proof of own funds, insurance cover and the complete notarization of the purchase transaction.
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16.12.2025
2 min
Central are interest and term. For fixed-rate mortgages the nominal interest rate is fixed for a specified term and the interest payment periods are defined. For SARON mortgages the margin to the reference rate, the settlement/interest-calculation method (e.g., periodic compounding) and the length of the interest periods are recorded. The agreement governs interest dates, calculation bases, any interest rate caps and the treatment of payment default. This creates clarity on how the ongoing burden is calculated and when it will be adjusted.
Amortization is a distinct contractual element. It is common that a second-ranking charge is reduced within about fifteen years or by retirement so that the loan-to-value ratio again reaches roughly two-thirds of the relevant value. The contract specifies whether amortization is made directly on the mortgage or indirectly via pillar 3a (tied retirement savings). The agreement sets the frequency of repayments and may allow additional special repayments at certain dates.
Rights and obligations during the term are also essential. These include information and cooperation duties, proper maintenance of the property, the obligation to take out building insurance, restrictions on additional encumbrances or renting, and compliance with legal requirements. The contract describes events of default and the legal consequences, up to termination of the loan and enforcement of the security in extreme cases.
Costs, fees and early termination must be clearly regulated. For fixed-rate mortgages prepayment penalties may apply if the commitment is ended early. The agreement also determines who bears notary, land registry and appraisal fees, how processing fees are charged and which choice of law and jurisdiction apply. In practice mortgages are often taken out in several tranches with different terms; the agreement ensures that terms and conditions are aligned.
Before signing the bank checks creditworthiness, affordability (debt serviceability) and the property value. The loan is only disbursed once all conditions are met and the mortgage deed has been created or transferred in favor of the bank. With this structure the mortgage agreement secures the financing and creates reliable rules of the game for both parties.
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