| A mortgage is a method
of using property as security for the payment of a debt:
The term mortgage 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 and
in some cases only land may be mortgaged. Arranging a mortgage is
seen as the standard method by which individuals or businesses can
purchase residential or commercial real estate without the need
to pay the full value immediately. See mortgage loan for residential
mortgage lending, and commercial mortgage for lending against commercial
property.
In many countries it is normal for home purchases
to be funded by a mortgage. 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.
Participants and variant terminology
Each legal system tends to share certain concepts but vary in the
terminology and jargon they use.
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 who 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.
Other participants
Due to the complicated legal exchange, or conveyance, of the property,
one or both of the main participants are likely to require legal
representation. The terminology varies with legal jurisdiction;
see lawyer, solicitor and conveyancer.
Because of the complex nature of many markets the
debtor may approach a mortgage broker or financial adviser to help
them source an appropriate creditor typically by finding the most
competitive loan. Recently, many US consumers are choosing to work
with Certified Mortgage Planners, industry experts that work closely
with Certified Financial Planners to align the home finance positions
of homeowners with their larger financial portfolio.
The debt is sometimes referred to as the hypothecation,
which may make use of the services of a hypothecary to assist in
the hypothecation.
In addition to borrowers, lenders, government
sponsored agencies, private agencies; there is also a fifth class
of participants who are the source of funds - the Life Insurers,
Pension Funds, etc.
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