ALL ABOUT MORTGAGES

Mortgages can be defined as putting the real property to secure a loan. Simply put this means that after securing the loan if you fail to meet the terms of the mortgage and fail to fulfill your monthly payments, that were agreed upon then the lender have the rights to sell your property and recover the money. This process of selling the house and recovering the money is called foreclosures.  A mortgage is a two party document, between the mortgager and the mortgagee.

Now, the difference between the real and personal property is real property consists of land and those affixed to land, like buildings, fences, trees, in-ground swimming pools or any other attachment. Personal property is generally the one which is not classified as real property.

One more term that is important is pledge. A pledge is something which means to deliver the physical possession and when you do not give up possession, you hypothecate the property. There are two ways that the mortgages are structured.  This structure process affects in the way foreclosures are held.  The two types of structure are the title theory and the lien theory. In title theory the lender owns the property and deeds it back to the borrower when the loan is repaid and in the lien theory, the borrower owns the property and the lender has a lien on it.

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