Types of Mortgage

There are essentially three types of legal mortgage.

  • Mortgage by demise
  • Mortgage by legal charge
  • Equitable Mortgage

Mortgage by demise -  In a mortgage by demise, the creditor becomes the owner of the mortgaged property until the loan is repaid in full (known as "redemption"). This kind of mortgage takes the form of a conveyance of the property to the creditor, with a condition that the property will be returned on redemption. This is an older form of legal mortgage and is less common than a mortgage by legal charge.

Mortgage by legal charge - In a mortgage by legal charge, the debtor remains the legal owner of the property, but the creditor gains sufficient rights over it to enable them to enforce their security, such as a right to take possession of the property or sell it. To protect the lender, a mortgage by legal charge is usually recorded in a public register. Since mortgage debt is often the largest debt owed by the debtor, banks and other mortgage lenders run title searches of the real property to make certain that there are no mortgages already registered on the debtor's property which might have higher priority. Tax liens, in some cases, will come ahead of mortgages. For this reason, if a borrower has delinquent property taxes, the bank will often pay them to prevent the lienholder from foreclosing and wiping out the mortgage. This is common in the United States, since 1925, it has been the usual form of mortgage in England and Wales. In Scotland, the mortgage by legal charge is also known as standard security.

Equitable Mortgage - In an Equitable Mortgage the lender is secured by taking posession of all the original title documents of the property and by borrower's signing a Memorandum of Deposit of Title Deed (MODTD). This document is an undertaking by the borrower that he/she has deposited the title documents with the bank with his own wish and will, in order to secure the financing obtained from the bank.

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