The Function Of A Mortgage

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Wednesday, November 26th, 2008 Subscribe To Our Feed

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. Some people have gotten into the habit of calling them mortgage home loans but that isn’t right at all as they are not loans at all. 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. More accurately, it is a document that protects your lender’s interest with your property itself and a legal agreement you have provided to a lender.

A mortgage is used as a method by which individuals or businesses can purchase residential or commercial property without paying the full value upfront. The following information will give a more rounded understanding of how the whole process operates.

Unfortunately it is our own common use of word like Borrower and Lender that has mislead people into thinking a mortgage is a loan when they should be referred to as Mortgagor and Mortgagee respectively. The security is in fact a lien which means the mortgagee has legal possession of your property until the debt is repaid.

The mortgagee’s money is then protected by this knowing the property is in fact security against its own debt. 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 act makes the purchase and the ownership of the house official and no-one can transfer this ownership until the debt is fully paid off. While the mortgagee has legal possession of the property, he does not own it or have the title to it, the legal owner is the mortgagor.

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. This process has many names and in the United States it is referred to as foreclosure but this does need to go through the courts.

This is a legally recognized process that must take place often referred to as ‘judicial foreclosure’. This is the subject in brief and while there is a great deal more to it, perhaps this will help to clear up any ambiguities you may have previously experienced.

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