Is It A Mortgage, A Loan?

A mortgage is usually thought of as a home loan, but a mortgage is not a loan. You are not given anything by a lender through a mortgage; instead, a mortgage is a security instrument you give to the lender. The lender's interests in your property are protected through a mortgage document.

A mortgage is executed by two parties - the mortgagor (borrower) and lender (mortgagee). The mortgaged property cannot be sold or transferred to someone else until you pay the debt that releases the lien. The lien is created by the mortgage document and it offers security for the lender on the debt owed by you. Full title to the property stays with you, even though your loan is secured by a mortgage and you do have full ownership rights.

If the debt is not paid, the lender is given the right, through the mortgage, to sell the property to recover the money owed them. A foreclosure sale is the process used to sell property that has fallen into this category and because of the mortgage used for security, this process has to go through the court system. Judicial foreclosure is what this type of foreclosure is called.

A mortgage should not be confused with a deed of trust. Over half the states in the United States use a deed of trust, which acts as a means of security for the lender in much the same way as a mortgage, with a few exceptions. A deed of trust is recorded in public records, which lets everyone know there is a lien on your property. on the same hand there are two people involved in a mortgage, a deed of trust involves three parties, the lender (beneficiary), a trustee and trustor (you). The trustee holds temporary title of the property until the lien is paid and released. The trustee is not allowed to take your property and there are laws in place to protect you against them doing so. The trustee has to be a disinterested party and usually attorneys would perform the responsibility of trustee.

If foreclosure becomes necessary, then a mortgage and deed of trust would affect you differently, as the property might be sold by the trustee. This is the trustee's responsibility if the loan becomes delinquent. He would be given proof of the delinquency by the lender and the lender would ask the trustee to start foreclosure proceedings. This type of foreclosure proceeding bypasses the court system and results in a much faster and cheaper way for the lender to foreclose.

You do not have the option of choosing which type of loan security you prefer, as this is decided according to the state where you live. But, it is essential you understand what type of lien is securing the debt for your property.

When purchasing a home, a mortgage broker offers a borrower with a program best suited for that particular individual. They are professional and could check a lender to meet your needs, even though you may have difficult requirements or special requests. A mortgage broker is regulated by state banking laws. A broker works for you, the consumer, in negotiating and processing loans.

When borrowing for the purchase of a house, the amount of money lent to you by the lender is called the mortgage amount and the amount of your monthly payment is determined by the term or number of years you pay back the borrowed amount. A term of 30 years is the most popular, as spreading out the payments over a longer period of time, bring downs your monthly payment. The shorter the term, the higher the monthly payment, so keep in mind there are also 10 year, 15 year and 20 year terms.

rate of interests are on the rise again and this is something else to consider, when purchasing a home.