mortgage
- mortgage
- "LAW.COM Dictionary":
n. a document in which the owner pledges his/her/its title to real property to a lender as security for a loan described in a promissory note. Mortgage is an old English term derived from two French words "mort" and "gage" meaning "dead pledge." To be enforceable the mortgage must be signed by the owner (borrower), acknowledged before a notary public, and recorded with the County Recorder or Recorder of Deeds. If the owner (mortgagor) fails to make payments on the promissory note (becomes delinquent) then the lender (mortgagee) can foreclose on the mortgage to force a sale of the real property to obtain payment from the proceeds, or obtain the property itself at a sheriff's sale upon foreclosure. However, catching up on delinquent payments and paying costs of foreclosure ("curing the default") can save the property. In some states the property can be redeemed by such payment even after foreclosure. Upon payment in full the mortgagee (lender) is required to execute a "satisfaction of mortgage" (sometimes called a "discharge of mortgage") and record it to clear the title to the property. A purchase-money mortgage is one given by a purchaser to a seller of real property as partial payment. A mortgagor may sell the property either "subject to a mortgage" in which the property is still security and the seller is still liable for payment, or the buyer "assumes the mortgage" and becomes personally responsible for payment of the loan. Under English common law a mortgage was an actual transfer of title to the lender, with the borrower having the right to occupy the property while it was in effect, but non-payment ended the right of occupation. Today only Connecticut, Maine, New Hampshire, North Carolina, Rhode Island and Vermont cling to the common law, and other states using mortgages treat them as liens on the property. More significantly, 14 states use a "deed of trust" (or "trust deed") as a mortgage. These states include: California, Illinois, Texas, Virginia, Colorado, Georgia, Alaska, Arizona, Idaho, Mississippi, Missouri, Montana, North Carolina and West Virginia. Under the deed of trust system title is technically given to a trustee to hold for the lender, who is called a beneficiary.
See also: deed of trust foreclosure judicial foreclosure notice of default trust deed
English-Chinese law dictionary (法律英汉双解大词典).
2013.
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Look at other dictionaries:
Mortgage — (ипотека) право получить удовлетворение за счет недвижимости, выступающей в качестве обеспечения кредита … Ипотека. Словарь терминов
mortgage — mort·gage 1 / mȯr gij/ n [Anglo French, from Old French, from mort dead (from Latin mortuus ) + gage security] 1 a: a conveyance of title to property that is given to secure an obligation (as a debt) and that is defeated upon payment or… … Law dictionary
Mortgage — Mort gage (m[^o]r g[asl]j; 48), n. [F. mort gage; mort dead (L. mortuus) + gage pledge. See {Mortal}, and {Gage}.] 1. (Law) A conveyance of property, upon condition, as security for the payment of a debt or the preformance of a duty, and to… … The Collaborative International Dictionary of English
Mortgage — kann bezeichnen: Mortgage (England und Wales), eine Sicherheit für eine Forderung nach englischem Recht Mortgage (Vereinigte Staaten), eine Sicherheit für eine Forderung nach US amerikanischem Recht Mort gage, in der französischen… … Deutsch Wikipedia
mortgage — [môr′gij] n. [OFr morgage, mort gage, lit., dead pledge < mort, dead (see MORT1) + gage,GAGE1] 1. a) the pledging of property to a creditor as security for the payment of a debt b) such a debt 2 … English World dictionary
mortgage — Note the spelling with t . The lender in a mortgage contract is called the mortgagee, and the borrower the mortgager (or in legal work, mortgagor) … Modern English usage
Mortgage — Mort gage, v. t. [imp. & p. p. {Mortgaged}; p. pr. & vb. n. {Mortgaging}.] 1. (Law) To grant or convey, as property, for the security of a debt, or other engagement, upon a condition that if the debt or engagement shall be discharged according to … The Collaborative International Dictionary of English
mortgage — An interest given on real property to guarantee the payment of a debt or execution of some action. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 … Glossary of Bankruptcy
mortgage — (izg. mòrgidž) m DEFINICIJA term. poseban pravni institut engleskoga prava; hipoteka, zalog, založena imovina ETIMOLOGIJA engl. ← stfr. ← mort: mrtav (← lat. mortuus: mrtav) + gage: zalog, jamstvo … Hrvatski jezični portal
mortgage — [n] loan agreement contract, debt, deed, homeowner’s loan, pledge, title; concept 332 … New thesaurus
mortgage — ► NOUN 1) a legal agreement by which a person takes out a loan using as security real property (usually a house which is being purchased). 2) an amount of money borrowed or lent under such an agreement. ► VERB ▪ transfer the title to (a property) … English terms dictionary
