A mortgage is a financial agreement between a lender and a buyer, in which the property is used as collateral for the loan. A mortgage gives the lender the right to collect payments on the loan and to foreclose on the property if those payments are not made.
What is a Mortgage Loan?
A loan which utilizes property as a security or collateral to provide for repayment should the borrower default on the terms of the loan. The mortgage or Deed of Trust is the financial agreement to pledge the property as security and gives the right to the Mortgagee to foreclose in cases of default.
In US a mortgage loan is granted for purchase of a property if it is for own use. In case the purchase of property is not for own use a real estate loan is granted.
In India a housing loan is granted for purchase of a dwelling unit irrespective of whether it is for own use or for rental/investment purpose. A mortgage loan is granted to borrowers against the pledge of already owned property.
Variants of Mortgages
First Mortgage is a type of lien on an unencumbered property wherein the first mortgagee has the first-priority claim against the property in the event the borrower defaults on the loan.
Second mortgage is a mortgage granted against an already mortgaged property. The mortgagee has the second priority claim or residual claim against the property in the event the borrower defaults on the loan.
Pari-Passu mortgage is a type of lien on mortgage wherein all the mortgagees of the property get proportionate rights in the event of foreclosure of the loan on account of borrower defaults. Pari-Passu is a Latin term and means “Without partiality”.
Fixed Rate Mortgage is a mortgage whereby the rate of interest is fixed for a specified period of loan or for the term of the loan itself.
Variable Rate Mortgage is a mortgage whereby the lender charges the borrowers at a variable rate of interest. The rate of interest could be linked to some reference rate