Mortgage Strategies
While mortgages are the most common way of buying a home, it is remarkable how few people actually understand what a mortgage is. The worst thing to call one is a mortgage home loan and while this expression is in common usage, it is totally incorrect. The property becomes a security (and legally binding contract), or mortgage, for the buyer, or mortgagor with the finance supplied by the mortgagee. However, it is easier to explain it as a legally binding document where the lender is protected from loss by using the property as security for the debt.
Without mortgages being available, people and many businesses would not be able to afford the full asking price of a property if it was required they pay this amount upfront. The way this process works is presented in brief detail during the rest of this article. The mortgagor who is also referred to as the Borrower (leading to the false impression that it is a loan) and the mortgagee, who is also called the Lender (again, falsely leading you to think that a loan has been agreed). A lien is a means by which the mortgagor can purchase a home but it is the mortgagee that retains legal ownership until the arrangement between them has been completed (the debt is paid off).
The property therefore becomes its own form of security for the finance that has been supplied to purchase the property. The lien (document) is normally recorded at the local courthouse in the public records section. While the property is owned now by the mortgagor, the lien cannot be reversed until the amount specified in the debt is 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.
However if the mortgagor or the owner defaults on his or her payments, the mortgagee has the right to dispose of the property to reclaim funds. This is the dreaded process referred to as foreclosure but if the property is used as security, then the foreclosure must go through the court system. This is a further step but it is a legal formality which needs to be taken and is often referred to judicial foreclosure. This is only a short introduction as the subject is much more complex but this information should make this important issue much clearer.
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