The Mortgage deed.
A mortgage is a temporary security for an asset, an agreement between you and a lender that gives the lender the right to take over your property if you fail to repay the loan and interest.
Mortgage loans are used to buy a home or borrow money equal to the value of a home you already own.
Property Mortgage Laws in India.
The Transfer of Property Act, 1882 deals with mortgage of immovable property in India. A mortgage is the pledging of one thing to another to secure a loan or to acquire another thing. It is the practice of mortgaging the property to obtain the loan, obtaining the valuation of the immovable property and repaying the principal along with the monthly interest on the loan. In this article, we will look at some important information related to property mortgage in India.
Seven things to look out for in a mortgage.
Amount of loan.
Interest rate and related points.
Loan closing costs, including lender fees.
Annual Percentage Rate.
Type of interest rate and whether it can be changed, is it fixed or adjustable.
Loan tenure, or how long the loan must be repaid.
Does the loan have risky features like prepayment, penalty, provision, and interest loan repayment.
What is the definition of mortgage deed?
Mortgaging is the pledging of property in exchange for money until the mortgage is repaid. To get a loan by mortgaging a property, one has to register one’s immovable property as mortgage through the registry office. After taking the loan and repaying the principal and the specified interest, the mortgage bond is cancelled.
The restrictions on the property are relaxed after the mortgage loan is fully repaid. Your property is responsible for your loan until the loan is repaid. The property cannot be sold while the registered mortgage is outstanding. Once the loan is recovered, the mortgagee must terminate the mortgage without any hindrance and cancel the mortgage.
After cancellation of the mortgage deed, the property can be enjoyed without any encumbrance and the property can be sold.
Is a mortgage deed a transfer of title?
If a mortgage deed is a transfer of title to your property, the mortgage is not a transfer of ownership of the property to a third party. But the mortgagee cannot enjoy the mortgaged property as the usufructuary right still remains with the owner. The property can be farmed, house can be lived in, rented out, and the owner can enjoy everything that comes from the property. A mortgage deed is not a transfer of title but a title deed is a transfer of title.
What is Mortgagor and Mortgagee.
Mortgagor
In a property mortgage transaction, the borrower pledges money instead of creating a mortgage on the property as security for repayment of the loan.
Mortgagee
In a mortgage transaction, the mortgagor is the person who lends money. Usually a bank or financial institution.
What should be considered while taking a mortgage?
Instead of focusing on how much you qualify for, focus on how you can repay your income and spend. Lenders will tell you how much you’re creditworthy—that is, how much they’re willing to lend you. They will calculate how much your income and expenses will allow you to repay this loan. But you need to figure out how much you can borrow and your budget for other important items. Lenders do not take into account all your family and financial conditions. To determine how much you can afford to repay, you’ll need to take a hard look at your family’s income, expenses and savings priorities to see what fits comfortably into your budget.
What not to forget when taking out a mortgage.
Don’t forget the other costs when the mortgage loan comes with the best interest rate. Expenses such as homeowner’s insurance, property taxes, and interest paid monthly are usually included in your monthly mortgage payment, so be sure to include these expenses when calculating how much you can afford. You can get appraisals from your local tax assessor, insurance agent, and lender. Knowing how much you can comfortably pay each month will help you estimate a reasonable price range for your new home.
How is a property mortgage valid?
A mortgagor mortgages immovable property with the intention of creating security for the loan until the loan is repaid.The lender borrows money from your property at a valuation of how much they can lend you. Valid only through a registered instrument signed by the depositor and attested by at least two witnesses.