Remember Me
forgot your password?

How Mortgages Work

A mortgage is created when someone uses real estate to secure a promise to repay a debt. For example, if you borrow money from a bank and give the bank permission to sell your house to pay off the debt if you don't pay it back yourself, then you have created a mortgage on your house. Since most people can't afford to pay cash for a house, most people create what is known as a purchase money mortgage on their house (at least their first house anyway). This means that the bank uses the house as security for your promise to repay the money they loaned you to buy the house in the first place. The mortgage is the document used to create this security interest. The one who borrowed the money is called the mortgager, and the one who loaned the money (the bank in this case) is called the mortgagee. The main advantage of a mortgage for the mortgagee is that if you don't pay back the loan, they don't have to worry whether they can find you or not or if you have enough money to pay the debt. The main advantage for the mortgager is that he can get a loan that way that he might not be able to get otherwise - he can borrow $100,000 on an annual salary of $50,000 and total savings of $10,000, even though without his new house as security there's no way the bank would have loaned him that much money.

If you mortgage your house and then default on the underlying loan (fail to pay it back according to the terms of the loan agreement), what will the bank do? Well, it's unlikely that the president of the bank is going to move in. Instead, the bank will sell the house (most likely through a judicial sale) and take the money that you own them out of the proceeds. If the proceeds are not less than what you owe them (which is unlikely if they have competent loan officers), then you will still owe them the difference (and the debt will be unsecured, since you don't own the house anymore). If, on the other hand, there is money left over after the mortgage is paid and the expenses of the sale are covered, you get to keep it, assuming that there are no other mortgages on the house Actually it does get a bit more complex than this, but I'm sure you get the basic idea.

DISCLAIMER: The following is intended for reference purposes only and does not constitute legal advice.

Bob Miles
Real Estate Law in Plain English explains real estate law without the legalese.
Rate this Article: 0 / 5 stars - 0 vote(s)
Print Email Re-Publish

Add new Comment



Captcha

  • Latest Real Estate Articles
  • More from Bob Miles

Landlord Forms 101

By: Brian Davis | 06/12/2009
In this economy, many would-be sellers are finding themselves in the novel position of becoming a landlord, and signing a rental agreement on their property instead of selling it. Here's a brief overview of the most commonly needed landlord forms, and how they relate to basic property management.

OfficeFinderâ„¢ | Outstanding Service For Locating Office Space For Rent In Chicago

By: Toan Dinh | 06/12/2009
OfficeFinderâ„¢ provides users with the premier real estate directory, hosting exhaustive lists of office space for rent in Chicago and other major American cities.

Buying Homes in Florida in the Current Florida Market

By: I. Gonzalez | 06/12/2009
Purchasing a home is a necessity for any growing family. While bachelors and singles can live inside a smaller apartment all their lives, a family with kids cannot do so. If you are looking to buy a property in Florida, it is best that you check out the current real...

How to Fetch a Good Property with Foreclosure Homes for Sale?

By: Melanie Hogeveen | 06/12/2009
If you are planning to invest in foreclosure homes, then it is important that you carefully determine your needs and then search for the right property. Conduct extensive search through internet, newspapers and magazines, understand foreclosure laws, enquire about prevailing market rates, carefully inspect the chosen property, make an offer and on acceptance ensure that all the legal formalities are complied with and that you get a clear title to the property.

What are the advantages of investing in Louisville foreclosures and how to get financing for one?

By: Melanie Hogeveen | 06/12/2009
Home buyers can avail some great advantages through Louisville foreclosures such as financial assistance, low living costs and prime waterfront housing. Important guidelines for getting house finance for a foreclosed property in Louisville are to decide on a suitable budget, compare interest rates, contact the agency, prepare the paperwork and apply for a loan.

What are the advantages of investing in a home through Chicago foreclosures and how to avail Tax Credit for one?

By: Melanie Hogeveen | 06/12/2009
Investing in a property through Chicago foreclosures has several benefits which include highly affordable housing, appreciating real estate area and excellent employment opportunities. Guidelines for availing tax credit are to understand the credit scheme, calculate your income, check for other eligibility criterion, choose a suitable property and estimate total costs.

How do home owners get into foreclosures and How to avoid Home Foreclosures?

By: Celeste Faucher | 06/12/2009
Foreclosures are events dreaded by home owners. It is caused by a number of negative factors. To avoid the filing of foreclosure, you can avail of options given by the lender like forbearance, loan waiving, widening time of payment, changing terms of payment etc. To prevent foreclosure, you can sell the house, put it up for short sale or sign a deed- in- lieu of foreclosure.

What are the benefits of investing in foreclosures and how to buy a foreclosed home successfully?

By: Celeste Faucher | 06/12/2009
Foreclosures offer several unique benefits for home buyers like great bargain deals, numerous financial incentives and good investment potential. Guidelines of making a successful purchase through foreclosed homes are to identify your objectives, understand the buying process, source the latest listings, evaluate prices, survey the property and negotiate.

Yew Git Off My Property! The Law Of Trespassing

By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. What is "trespassing", anyway? Most of us think we know. But the more you think about it, the more complex it can get. For example, could you be sued for trespassing on property that you are...

Real Property Law: Fixtures

By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. What is a fixture, anyway? Odds are you own one. The formal definition is "a tangible object that was once personal property but has become so connected with real property that it has become a part...

Real Estate Law: Underground Water

By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. Do you own the water running under your property? If you're not the kind of person who would care one way or another, then read no further (although it is beyond me how anyone could fail...

Real Property Law: Nuisances

By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. "He's such a nuisance, constantly drumming his fingers on the table like that!" Just what is a "nuisance", anyway? Well, it has one meaning in common parlance and another more specific meaning in law, although the...

Airspace Over Your Property - How Much Of It Do You Own?

By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice. The short answer is, "as much of it as you can use". No, you cannot float a "No Trespassing" blimp and shoot down passing airliners for trespassing. But believe it or not, you can build a...

How Mortgages Work

By: Bob Miles | 28/05/2007 | Real Estate
A mortgage is created when someone uses real estate to secure a promise to repay a debt. For example, if you borrow money from a bank and give the bank permission to sell your house to pay off the debt if you don't pay it back yourself, then you have...

Registering The Purchase Of Your Real Estate

By: Bob Miles | 27/05/2007 | Real Estate
As soon as you buy real estate, it's a must to register it at the recording office or wherever real estate transactions are registered in your particular jurisdiction. If you don't, you could end up losing title to your real estate due to the misconduct of the previous owner or...

Real Estate Law: Damages For Breach Of Warranty Covenants By A Seller

By: Bob Miles | 27/05/2007 | Real Estate
If you own real estate and sell it to a buyer under a general warranty deed, you can be liable to the buyer years later for some defect in the title that you didn't even know about at the time you sold him the real estate, and you could end...

Submit Your Articles Free: Signup
Article Categories




Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.
Copyright © 2005-2008 Free Articles by ArticlesBase.com, All rights reserved. (0.26, 6, w2)