As the number of people undertaking loans to meet their personal expenses has risen significantly, a lot of people are undertaking mortgages in order to secure the loans. Mortgage can be best defined as the method of making use of personal property and giving it out as security in lieu of the payment of the debt undertaken by an individual.
Mortgage is a term which has its origins from the French word, lit pledge which hints at a legal component used for procurement of a loan. Mortgages are generally given out on personal property, such as home. Most of the loans secured through the mode of mortgages are secured by mortgaging the real estate property i.e. the home of an individual.
In some other cases, where the loan is to be procured for extremely professional purposes, lending companies even accept other personal properties, such as car, land or even ships to be mortgaged.
Mortgage loans are undertaken by the masses mostly when they want to make a new investment in the sphere of real estate, property and land.
Before giving out any part of the personal property on mortgage, it is advisable for an individual to be well-versed with all the intricacies and legal formalities which are involved in the process of securing loans through mortgage.
There are several types of mortgages available which can be undertaken by a person to secure his much-needed loan. One of the kinds of mortgage which can be undertaken by a person is mortgage by legal charge. In this situation, a person can mortgage his personal property in lieu of a loan, while retaining the authority to be the legal owner of his mortgaged private possessions. However, this also allows the creditor (financial institution) to access the right to exercise the power of their security and sell/lease the house, if the debtor fails to repay the loan in pre-determined time.
A financial institution or the lending company which gives out the loan to an individual generally resists taking chances and gets the financial deal registered in public records so as to remain on the safer side. Also, the lending institutes insist that the property proposed by the debtor is not already given out for some other form of loan and is free from all legal hassles.
There are two types of documents included in the mortgage loan. These include mortgage deed and deed of trust. The deed of trust can be described as a legal deed by the borrower to a trustee which is given out at the time of securing the loan. The deed of trust follows no standard and varies from deal to deal. Most of the mortgages are referred as legal deed of trusts officially.
The other way of mortgage is mortgage by demise. In this scenario, the creditor i.e. the lender company becomes the official owner of the property, in case the debtor dies within the repayment period i.e. if the debtor dies before being able to repay the entire loan, the lender company becomes legally entitled to sell the land to recover its costs.