Answer:

People acquire the title to real property by virtue of a deed. The deed makes them the legal owners. If they want to borrow money from a bank in the form of a mortgage they must grant the bank an interest in the real property that is described in their deed. The property will be described in the mortgage exactly as it is described in the deed and will also recite a deed reference.

Signing a mortgage and note gives the bank an interest in the property described in the deed. Any person who is checking that property in the land records will find that mortgage.

In some states (lien theory states) the mortgage becomes a lien on the property that must be paid before the lien is released. In some states (title theory states) a mortgage is an actual transfer of the property to the bank. Language in the mortgage prevents the bank from doing anything with the property unless there is a default in paying the mortgage. If there is a default the bank can take possession of the property and sell it.

First answer by Kluss. Last edit by Kluss. Contributor trust: 692 [recommend contributor recommended]. Question popularity: 1 [recommend question].