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A mortgage is commonly understood to be a loan secured by real estate.

The more formal definition in a title theory state is as follows:

  • A mortgage is an instrument used to convey title to real estate that is given as security for payment of a debt or the performance of a duty. (A mortgage is the instrument the borrower signs to pledge their real property and make it subject to the loan.)

The conveyance of title, although conditional, is the operational factor. The lender holds the legal title but the borrower has possession as long as they meet the terms of the loan. The mortgagor has the legal right to have the mortgage released upon the payment of the debt or fulfillment of the performance according to the stipulated terms. The mortgage must be recorded in the land records and constitutes an encumbrance on the title until the loan is paid and the mortgage is discharged by the mortgagee of record.

Contrast the operation of a mortgage in a lien theory state. The more formal definition is as follows:

  • A lien against property that is granted to secure a debt or obligation that is extinguished upon the payment or performance according to the stipulated terms. (Title remains with the mortgagor.)

Some states use elements of both and some states use the deed of trust system which is not addressed here.

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11y ago
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10y ago

A mortgage is a loan/debt you would pay on when buying a house. It literally means "death pledge", due to the long length of the loan (in comparison to other types of loans)

For example, if you borrowed $250,000 to buy a house, with an interest rate of 3%. The estimated mortgage payment would be 1,054.01 per month, for 360 months.

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10y ago

mortgage

A legal agreement that conveys the conditional right of ownership on an asset or Mortgage is a property by its owner (the mortgagor) to a lender (the mortgagee) as security for a loan. The lender's security interest is recorded in the register of title documents to make it public information, and is voided when the loan is repaid in full. Virtually any legally owned property can be mortgaged, although real property (land and buildings) are the most common. When personal property (appliances, cars, jewelry, etc.) is mortgaged, it is called a chattel mortgage. In case of equipment, real property, and vehicles, the right of possession and use of the mortgaged item normally remains with the mortgagor but (unless specifically prohibited in the mortgage ... Refer to link below

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Q: What is the meaning of the term mortgage?
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