Enter the complicated world of real estates


Mortage

A mortgage is a method of using property
(real or personal) as security for theBridging Loan This is a temporary loan that
payment  of  a  debt.enables you to purchase your new property
before you are able to sell your old
The term mortgage (from Law French, lit.property.
death vow) refers to the legal device used in
securing the property, but it is alsoConveyance This is the legal document that
commonly used to refer to the debt secured bytransfers ownership of unregistered land to
the  mortgage.you.
In most jurisdictions mortgages are stronglyDisbursements These are all the fees of your
associated with loans secured on real estatesolicitors, such as stamp duty, land
rather than other property (such as ships)registry,  search  fees,  etc.
and in some cases only land may be mortgaged.
Arranging a mortgage is seen as the standardEarly Redemption Charge / Pre-Payment Penalty
method by which individuals or businesses can/ Redemption Penalty This is the amount of
purchase residential or commercial realmoney you have to pay if you pay your
estate without the need to pay the full valuemortgage  in  full  before the time finished.
immediately.
Equity This is the amount of your property in
In many countries it is normal for homethe  market  minus  all  loans  that  it has.
purchase to be funded by a mortgage. In
countries where the demand for home ownershipFreehold This means the ownership of a
is highest, strong domestic markets haveproperty  and  the  land.
developed, notably in Great Britain, Spain
and  the  United  States.Land Registration This is a legal document
that records the ownership of a property and
Participants  and  variant  terminologyland.
Each legal system tends to share certainLegal Charge This is a legal document that
concepts but vary in the terminology andrecords the data of the rightful owner of a
jargon  they  use.property  or  land.
In general terms the main participants in aMortgage Deed This is a legal document that
mortgage  are:stated that the lender has a legal charge
over  your  property.
Creditor
Mortgage Payment Protection Insurance This is
The creditor has legal rights to the debtthe insurance that insures your mortgage
secured by the mortgage and often makes apayment arrives on time in case you are
loan to the debtor of the purchase money forunable  to  pay  your  mortgage.
the property. Typically, creditors are banks,
insurers or other financial institutions whoSealing Fee This is a fee made when the
make loans available for the purpose of reallender releases the legal charge over your
estate  purchase.property.
A creditor is sometimes referred to as theSubject To Contract This is an agreement
mortgagee  or  lender.between seller and buyer before the actual
contract  is  made.
Debtor
Legal  Aspects
The debtor[s] must meet the requirements of
the mortgage conditions (and often the loanThere are essentially two types of legal
conditions) imposed by the creditor in ordermortgage.
to avoid the creditor enacting provisions of
the mortgage to recover the debt. TypicallyMortgage  by  demise
the debtors will be the individual
home-owners, landlords or businesses who areIn a mortgage by demise, the creditor becomes
purchasing  their  property by way of a loan.the owner of the mortgaged property until the
loan is repaid in full (known as
A debtor is sometimes referred to as the"redemption"). This kind of mortgage takes
mortgagor,  borrower,  or  obligor.the form of a conveyance of the property to
the creditor, with a condition that the
Other  participantsproperty  will  be  returned  on  redemption.
Due to the complicated legal exchange, orThis is an older form of legal mortgage and
conveyance, of the property, one or both ofis less common than a mortgage by legal
the main participants are likely to requirecharge. It is no longer available in the UK,
legal representation. The terminology variesby  virtue of the Land Registration Act 2002.
with legal jurisdiction; see lawyer,
solicitor  and  conveyancer.Mortgage  by  legal  charge
Because of the complex nature of many marketsIn a mortgage by legal charge, the debtor
the debtor may approach a mortgage broker orremains the legal owner of the property, but
financial adviser to help them source anthe creditor gains sufficient rights over it
appropriate creditor typically by finding theto enable them to enforce their security,
most competitive loan. Recently, manysuch as a right to take possession of the
consumers (particularly higher incomeproperty  or  sell  it.
borrowers) are choosing to work with
Certified Mortgage Planners, industry expertsTo protect the lender, a mortgage by legal
that work closely with Certified Financialcharge is usually recorded in a public
Planners to align the home financeregister. Since mortgage debt is often the
position(s) of homeowners with their largerlargest debt owed by the debtor, banks and
financial  portfolio(s).other mortgage lenders run title searches of
the real property to make certain that there
The debt is sometimes referred to as theare no mortgages already registered on the
hypothecation, which may make use of thedebtor's property which might have higher
services of a hypothecary to assist in thepriority. Tax liens, in some cases, will come
hypothecation.ahead of mortgages. For this reason, if a
borrower has delinquent property taxes, the
Other  Terminologiesbank will often pay them to prevent the
lienholder from foreclosing and wiping out
Like any other legal system, mortgage hasthe  mortgage.
several jargons that may confuse some people.
Below are several mortgage terminologiesThis type of mortgage is common in the United
explained  in brief for better understanding.States and, since 1925, it has been the usual
form of mortgage in England and Wales (it is
Advance This is the money you have borrowednow  the  only  form  -  see  above).
plus  all  the  additional  fees.
In Scotland, the mortgage by legal charge is
Base Rate In UK, this is the base interestalso known as standard security.
rate  set  by  the  Bank  of  England.



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