If you were to be asked to describe and give a definition for the word mortgage, would you be able to, because it is surprising how few people know what they really are. For one thing, although we commonly call them Mortgage home loans, this is not at all what they actually are; in fact, they aren’t loans at all, nor are they something that has been given to you by lenders. The property becomes a security (and legally binding contract), or mortgage, for the buyer, or mortgagor with the finance supplied by the mortgagee. The document is just a simple way to safeguard the lenders interests.
The facility that a mortgage creates means individuals and companies can acquire land or property without needing the full face value to purchase it at the time. The way this process works is presented in brief detail during the rest of this article. Being the financier, the mortgagee is the person who lends funds to the mortgagor or borrower. A lien is a means by which the mortgagor can purchase a home but it is the mortgagee that retains legal ownership until the arrangement between them has been completed (the debt is paid off).
This system works so successfully because the risk of loss on the part of the mortgagee is all but eliminated as they have legal possession of the property until the debt is completely repaid. Being a legal contract, the lien will be lodged within the records at the county or city courthouse (or a similar public office). So while the property is recorded as yours, there is an interest in its ownership which cannot be altered until the debt is paid off. Even if your property is mortgaged, you still own the property wholly and completely and nobody else, not even the mortgagee has title to the property.
The mortgage is a surety for the benefit of the mortgagee, so should the debt remain unpaid then the amount owed can be reclaimed by the sale of the property. In the unfortunate event that requires the property to be sold or Foreclosed, then the case will need to be presented to the courts for approval. This procedure is carried out in order for it to be legally recognized and can be referred to as Judicial Foreclosure. This is the subject in brief and while there is a great deal more to it, perhaps this will help to clear up any ambiguities you may have previously experienced.