A mortgage is defined as a way in which property or jewelry is used as a security against the debt. The loan that is taken against mortgage is termed as ‘mortgage loan’. This loan is taken in many countries mainly for the purpose of purchasing home or for wedding in the family.
Mortgage can be taken from banks or money lenders in many countries. People involved in mortgage include-creditor, debtor and at times a legal representative. The term creditor can also be used synonymously with lender. Money lenders, insurers, banks or financial institutions are creditors who provide the money to the person in exchange of property or jewelry.
A borrower is also known as debtor, obligor or mortgagor. A debtor gets the amount equal to the value of the mortgaged article. A mortgagor is required to abide by all the obligations or conditions of creditors. Or, else there are chances that as a way of recovering debt, the property may be taken away by the creditors. There are various properties as a result of foreclosure. These properties are available for reasonable costs for the other buyers.
It is always that the legalities of mortgage are done under the supervision of a lawyer. All the conditions and the amount of money involved should be stated in written and signed by the creditors, debtors and lawyer present. It adds authenticity and removes any confusion if any.
Currently many Certified Financial Planners work in combination with Certified Mortgage Planners so as to provide mortgage loans to financially sound people.
In addition to creditors, debtors, legal representatives and government agencies, there is involvement of pension funds and life insurers. Terms involved in the legal process of mortgage loan are Disbursements, Mortgage Deed, Conveyance, Land Registration, Sealing Fee, Freehold, Leasehold, Seasoned mortgage and Legal Charge.
Freehold is defined as the land and property ownership. Disbursements include all the money involved as search fees, stamp duty and land registry. Legal Charge is a document that has all the minute details of the land or property owner. Conveyance is the document that transmits the possession of unregistered property. Sealing Fee is paid when the creditor discharges the charge over the land. Land Registration is also referred as title. This document contains the details of the ownership of land and property. Seasoned mortgage is linked with secondary market. In seasoned mortgage payment is made on regular basis. Mortgage Deed is a document that gives detail of possession of ownership.
Legal mortgage are of two kinds- Mortgage by legal charge and Mortgage by demise. There are essentially two types of legal mortgage. A lender becomes the legal owner of the mortgaged land till the money is paid in full. A lender is free to auction or sell the mortgaged property. While under Mortgage by legal charge, a lender can not sell the mortgaged land. He may possess the land legally but the right of selling and buying of the land lies with the debtor. Also, to provide safety to the lender, the details of mortgage are recorded in a register.
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