
If you were to be asked to describe and give a definition for the word mortgage, would you be able to, because it is surprising how few people know what they really are. A popular term for one is a mortgage home loan although it should never be referred to as a loan because it isn’t. The mortgage is basically a way of securing a debt to which the property is the security with the mortgagor as the person who will owe money to the mortgagor. Actually, it is in fact a legal document that is designed to ensure the lenders financial interests are secure.
The facility that a mortgage creates means individuals and companies can acquire land or property without needing the full face value to purchase it at the time. The following information will give a more rounded understanding of how the whole process operates. As it is not a loan, the mortgagor should not be called The Borrower but mortgagor and the company providing the finance should not be called The Lender because they are the mortgagee. A security measure designed for purchasing properties, called a lien, is enforced until the mortgage is cleared at the end of the term.
The property therefore becomes its own form of security for the finance that has been supplied to purchase the property. Records of this are normally kept in the public records section of the county courthouse or a similar establishment. This is now a recorded legal agreement and cannot be reversed until the full balance of the debt is cleared. This situation may seem strange but in essence what it means is that the property is owned completely by the mortgagor and not the mortgagee who also does not have the title.
The only time the mortgagee has any rights over your property is in the event that you default on payments when he can sell it to recover the outstanding debt. When this happens, the procedure that follows is called foreclosure but even at this stage it is required to go through the courts first. To ensure that everything is legal and above board, the court will place a ruling on the disposal in a process called judicial foreclosure. Obviously there is much more to the subject than this, but these are the basic foundations upon which the mortgaging system has been constructed.





0 responses so far ↓
There are no comments yet...Kick things off by filling out the form below.
Leave a Comment