Friday, 25 March 2016
Mortgage loan
This article is about real estate mortgage lending. For mortgages in
general and their legal structure, see Mortgage law. For mortgage loans
secured on ships, see Ship mortgage. For other uses, see Mortgage
(disambiguation).
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A mortgage loan, also referred to as a mortgage, is used by purchasers
of real property to raise funds to buy real estate; or by existing
property owners to raise funds for any purpose while putting a lien on
the property being mortgaged. The loan is "secured" on the borrower's
property. This means that a legal mechanism is put in place which allows
the lender to take possession and sell the secured property
("foreclosure" or "repossession") to pay off the loan in the event that
the borrower defaults on the loan or otherwise fails to abide by its
terms. The word mortgage is derived from a "Law French" term used by
English lawyers in the Middle Ages meaning "death pledge", and refers to
the pledge ending (dying) when either the obligation is fulfilled or
the property is taken through foreclosure.[1] Mortgage can also be
described as "a borrower giving consideration in the form of a
collateral for a benefit (loan).
Mortgage borrowers can be individuals mortgaging their home or they can
be businesses mortgaging commercial property (for example, their own
business premises, residential property let to tenants or an investment
portfolio). The lender will typically be a financial institution, such
as a bank, credit union or building society, depending on the country
concerned, and the loan arrangements can be made either directly or
indirectly through intermediaries. Features of mortgage loans such as
the size of the loan, maturity of the loan, interest rate, method of
paying off the loan, and other characteristics can vary considerably.
The lender's rights over the secured property take priority over the
borrower's other creditors which means that if the borrower becomes
bankrupt or insolvent, the other creditors will only be repaid the debts
owed to them from a sale of the secured property if the mortgage lender
is repaid in full first.
In many jurisdictions, though not all (Bali, Indonesia being one
exception[2]), it is normal for home purchases to be funded by a
mortgage loan. Few individuals have enough savings or liquid funds to
enable them to purchase property outright. In countries where the demand
for home ownership is highest, strong domestic markets for mortgages
have developed.