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What is a Mortgage?

A mortgage is a method of using property (real or personal) as security for the payment of a debt.

The term mortgage (from Law French, lit. death vow) refers to the legal device used in securing the property, but it is also commonly used to refer to the debt secured by the mortgage, the mortgage loan.

In most jurisdictions mortgages are strongly associated with loans secured on real estate rather than other property (such as ships) and in some cases only land may be mortgaged. Arranging a mortgage is seen as the standard method by which individuals and businesses can purchase residential and commercial real estate without the need to pay the full value immediately. In many countries it is normal for home purchases to be funded by a mortgage.

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Mortgage Loan Basics

Mortgage loans are generally structured as long-term loans, the periodic payments for which are similar to an annuity and calculated according to the time value of money formulae. The most basic arrangement would require a fixed monthly payment over a period of ten to thirty years, depending on local conditions.

     

In countries where the demand for home ownership is highest, strong domestic markets have developed, notably in Spain, the United Kingdom and the United States.

Definition of a Mortgage:

"mort-gage"

  1. A temporary, conditional pledge of property to a creditor as security for performance of an obligation or repayment of a debt.
  2. A contract or deed specifying the terms of a mortgage.
  3. The claim of a mortgagee upon mortgaged property.
  4. A conveyance of an interest in property as security for the repayment of money borrowed

Word History of Mortgage

The great jurist Sir Edward Coke, who lived from 1552 to 1634, has explained why the term mortgage comes from the Old French words mort, "dead," and gage, "pledge." It seemed to him that it had to do with the doubtfulness of whether or not the mortgagor will pay the debt. If the mortgagor does not, then the land pledged to the mortgagee as security for the debt.


Participants of Mortgage and Terminology
In general terms the main participants in a mortgage are:

Creditor: The creditor has legal rights to the debt secured by the mortgage and often makes a loan to the debtor of the purchase money for the property. Typically, creditors are banks, insurers or other financial institutions that make loans available for the purpose of real estate purchase. A creditor is sometimes referred to as the mortgagee or lender.

Debtor: The debtor[s] must meet the requirements of the mortgage conditions (and often the loan conditions) imposed by the creditor in order to avoid the creditor enacting provisions of the mortgage to recover the debt. Typically the debtors will be the individual home-owners, landlords or businesses who are purchasing their property by way of a loan. A debtor is sometimes referred to as the mortgagor, borrower, or obligor.


Legal Aspects

There are essentially two types of legal 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.
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.

What is a Mortgage Loan?

In simple terms, a mortgage loan is a loan made to an individual or group of individuals secured by a piece of property. The property itself is held as collateral or security ("the mortgage") for the repayment of the loan.

A mortgage loan can either be a loan of money for a purchase, such as a loan obtained when a home is bought, or a loan of money for a non-purchase, such as a refinance of an existing mortgage loan. The remainder of this discussion will be about loans of money for a purchase. Refinancing will be discussed later under Refinance or Refinance Property.

When a borrower obtains a mortgage loan, he or she borrows the amount of money required to pay for the property. This is the principal, the amount of money actually being borrowed. Money is loaned for a mortgage at a particular interest rate-interest is what the lender charges you to use the money being borrowed. Payment of the interest is spread out over the life of the loan such that at the end of the loan term, the full amount of principal and interest has been paid.

Other charges may be spread out over the life of the mortgage or over specific portions of it, such as taxes and insurance for the property or private mortgage insurance (PMI) for loans of more than 80% of the property's value. Taxes and insurance may be included in mortgage payments as a service to the borrower, who may wish to make monthly payments for those expenses rather than semi-annual or annual payments, or as a safeguard for a lender to make sure that taxes and insurance payments are current.

Private mortgage insurance (PMI) is charged by most lenders for loans of more than 80% of the property's value. This is the insurance for the lender in case the borrower defaults on the mortgage. PMI can be canceled when the mortgage balance dips below the 80% value mark.

Mortgages come in a variety of flavors. Loan terms can be anywhere from 10 to 30 years, though the most common is either a 15- or 30-year loan. The most typical loan types are fixed rate, (FRM) adjustable rate (ARM), or convertible rate (CRM).

  1. A fixed rate mortgage (FRM) is a loan with an interest rate that remains the same for the entire term of the loan. Fixed rate loans are recommended if you are planning to keep your home for many years and you expect overall interest rates to increase or remain stable.
  2. An adjustable rate mortgage (ARM) is a loan with an interest rate that adjusts periodically to reflect changes in a specified financial index. These loans generally have the lowest initial rate and payment. They are recommended if you plan to keep the loan for a short time (less than three years), expect your income to increase substantially, or expect rates to decrease. You may qualify for a larger loan amount with an ARM than you would with a fixed rate mortgage
  3. A convertible rate mortgage (CRM) is a combination of a fixed rate and an adjustable rate loan. It usually has a fixed rate for the first few years and then converts to an adjustable rate for the remainder of the loan term. The starting rate is usually higher than an adjustable rate loan but lower than a fixed rate loan.

A first mortgage or "first" is the primary mortgage on a property that has priority over any and all other mortgages. A second mortgage or "second" is the secondary mortgage on a property with priority over any and all other mortgages, except for the first mortgage. Typically a property will have only a first and possibly a second mortgage placed on it, but there can be as many mortgages on a piece of property as a lender will give.

Mortgage loan & Participants:

Mortgage Loan is the generic term for a loan secured by a mortgage on real property; the "mortgage" refers to the legal security, but the terms are often used interchangeably to refer to the mortgage loan. Mortgage loans generally refer to a loan secured by residential property, often for the purpose of acquiring the residence. Mortgage loans may be lower priced than other forms of borrowing because the value of the property reduces risk for the lender.

Mortgage lending is the primary mechanism used in many countries to finance private ownership of residential property:

  • Property: the physical residence being financed. The exact form of ownership will vary from country to country, and may restrict the types of lending that are possible.
  • Mortgage: the security created on the property by the lender, which will usually include certain restrictions on the use or disposal of the property (such as paying any outstanding debt before selling the property).
  • Borrower: the person borrowing who either has or is creating an ownership interest in the property.
  • Lender: any lender, but usually a bank or other financial institution.
  • Principal: the original size of the loan, which may or may not include certain other costs; as any principal is repaid, the principal will go down in size.
  • Interest: a financial charge for use of the lender's money.
  • Foreclosure or repossession: the possibility that the lender has to foreclose, repossess or seize the property under certain circumstances is essential to a mortgage loan; without this aspect, the loan is arguably no different from any other type of loan.

Mortgage loan Basics:

Mortgage loans are generally structured as long-term loans, the periodic payments for which are similar to an annuity and calculated according to the time value of money formulae. The most basic arrangement would require a fixed monthly payment over a period of ten to thirty years, depending on local conditions. Over this period the principal component of the loan (the original loan) would be slowly paid down through amortization. In practice, many variants are possible and common worldwide and within each country.

Lenders provide funds against property to earn interest income, and generally borrow these funds themselves (for example, by taking deposits or issuing bonds). The price at which the lenders borrow money therefore affects the cost of borrowing. Lenders may also, in many countries, sell the mortgage loan to other parties who are interested in receiving the stream of cash payments from the borrower, often in the form of a security (by means of a securitization). In the United States, the largest firms securitizing loans are Fannie Mae and Freddie Mac, which are government sponsored enterprises.

Mortgage lending will also take into account the (perceived) riskiness of the mortgage loan, that is, the likelihood that the funds will be repaid (usually considered a function of the creditworthiness of the borrower); that if they are not repaid, the lender will be able to foreclose and recoup some or all of its original capital; and the financial, interest rate risk and time delays that may be involved in certain circumstances.
More recently, mortgage loan brokers have expanded their businesses to include a web presence. There is now even a market for standard mortgage web templates which are used by brokers who want to quickly develop an online component to their business. An example for such accompany would be www.iMortgagesites.com.

The deed of trust

The deed of trust is a deed by the borrower to a trustee for the purposes of securing a debt. In most states, it also merely creates a lien on the title and not a title transfer, regardless of its terms. It differs from a mortgage in that, in many states, it can be foreclosed by a non-judicial sale held by the trustee. It is also possible to foreclose them through a judicial proceeding. Most "mortgages" in California are actually deeds of trust. The effective difference is that the foreclosure process can be much faster for a deed of trust than for a mortgage, on the order of 3 months rather than a year. Because the foreclosure does not require actions by the court the transaction costs can be quite a bit less.

Mortgage lien priority

Except in those few states in the United States that adhere to the title theory of mortgages, either a mortgage or a deed of trust will create a mortgage lien upon the title to the real property being mortgaged. The lien is said to "attach" to the title when the mortgage is signed by the mortgagor and delivered to the mortgagee and the mortgagor receives the funds whose repayment the mortgage secures. Subject to the requirements of the recording laws of the state in which the land is located, this attachment establishes the priority of the mortgage lien with respect to other liens on the property's title. Liens that have attached to the title before the mortgage lien are said to be senior to, or prior to, the mortgage lien. Those attaching afterward are said to be junior or subordinate. The purpose of this priority is to establish the order in which lien holders are entitled to foreclose their liens in an attempt to recover their debts. If there are multiple mortgage liens on the title to a property and the loan secured by a first mortgage is paid off, the second mortgage lien will move up in priority and become the new first mortgage lien on the title. Documenting this new priority arrangement will require the release of the mortgage securing the paid off loan.

 

 

 



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